Liprini v McIntyre [2017] NSWSC 1753

Supreme Court New South Wales

Medium Neutral Citation: Liprini v McIntyre [2017] NSWSC 1753 Hearing dates: 13 December 2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse to transfer the proceedings to the District Court.

(2) Order that the costs of the plaintiff's notice of motion filed on 9 October 2017 be costs in the cause. Catchwords: PRACTICE AND PROCEDURE – application to remove proceedings in the Supreme Court to the District Court to avoid exposing plaintiff to risk of not obtaining his costs under Uniform Civil Procedure Rules 2005 (NSW), r 42.34 if judgment less than $500,000 – HELD – application refused – not satisfied that proceedings could properly have been commenced in the District Court – connection with this Court and complexity of the proceedings make transfer inappropriate Legislation Cited: Civil Procedure Act 2005 (NSW), ss 30, 56, 146, 149 District Court Act 1973 (NSW), ss 4, 44, 51 Family Provision Act 1982 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 42.34 Cases Cited: Attwells v Jackon Lalic Lawyers Pty Ltd (2016) 259 CLR 1; [2016] HCA 16 Ge v River Island Clothing Pty Ltd [2001] NSWSC 935 Sheedy v State Asphalt Services Pty Ltd [2015] NSWSC 1532 Category: Procedural and other rulings Parties: Kevin James Liprini (Plaintiff) John Eric McIntyre (First Defendant) Sandra Neryl Hale (Second Defendant) Jeffrey Edmond O'Brien (Third Defendant) Danny Kenneth Simpson ( Fourth Defendant) Michael John Sommerville (Fifth Defendant) Representation: Counsel: D Lloyd (Plaintiff) V Huntington (Solicitor) (Defendants)