Barnes & Ors trading as Maguire & McInerney Lawyers v Duncan [2019] NSWSC 1264

Supreme Court New South Wales

Medium Neutral Citation: Barnes & Ors trading as Maguire & McInerney Lawyers v Duncan [2019] NSWSC 1264 Hearing dates: 12 and 19 September 2019 Date of orders: 19 September 2019 Decision date: 19 September 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) An Order pursuant to Section 140 of the Civil Procedure Act 2005 (NSW) that the Local Court proceedings (Case No. 2019/217191) commenced by the Defendant be transferred to this Court.

(2) The Defendant pay the Plaintiffs' costs associated with obtaining Order 1 in the Summons dated 3 September 2019, including the appearance of counsel on 12 September 2019 and today.

(3) The further relief sought in the summons and the proceedings generally are listed for Mention before the Registrar on Monday, 14 October 2019 at 9:00am Catchwords: CIVIL PROCEDURE – transfer of proceedings from Local Court to Supreme Court – subject matter of proceedings commenced in Local Court linked to completed proceedings in Supreme Court – whether appropriate to transfer proceedings – proceedings inextricably linked – transfer order made

COSTS – costs follow the event – whether costs should be ordered in favour of the plaintiff – costs order made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 140 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Sanderson Motors Pty Ltd v Kirby [2000] NSWSC 924 Simpson v Shaw (1886) 56 LJQB 92; 56 LT 24 Category: Procedural and other rulings Parties: Matthew John Barnes, Mark Alexander McDonald, Brendan John Pearce & Natasha Caroline Pearson trading as Maguire & McInerney Lawyers (Plaintiffs) Nigel Ian Duncan (Defendant) Representation: Counsel: M J Dawson (Plaintiffs)