Young v Woodcock [2020] NSWSC 415

Supreme Court New South Wales

Medium Neutral Citation: Young v Woodcock [2020] NSWSC 415 Hearing dates: 17 April 2020 Date of orders: 17 April 2020 Decision date: 17 April 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) Pursuant to section 140 of the Civil Procedure Act 2005 NSW, the proceedings numbered 2018/0038224, which have been commenced by the plaintiff in the District Court of New South Wales, are to be transferred to the Supreme Court of New South Wales.

(2) I order that the plaintiff pay the defendant's costs of this application. Catchwords: PRACTICE AND PROCEDURE – Application to transfer proceedings from District Court to the Supreme Court – Whether Court could be satisfied that the amount of damages awarded to the plaintiff was likely to exceed the jurisdictional limit of the District Court – Relevance of procedural history – Late application for transfer based largely on medical evidence which had been in the possession of the plaintiff's solicitor for more than a year – No explanation for the delay – Where plaintiff's unchallenged medical evidence supported an award of substantial damages in favour of the plaintiff in the event that he was successful – Order for transfer made Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Lazare v City of Sydney Council & Ors [2015] NSWSC 1546 Younes v QIC Limited trading as Westpoint Blacktown [2012] NSWSC 451 Category: Procedural and other rulings Parties: Gregory Colin Young – Plaintiff Justin Conway Woodcock - Defendant Representation: Counsel: P Beale and J Doyon – Plaintiff J Guindi – Defendant