NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Baker v Pro Strip (Aust) Pty Limited [2020] NSWSC 433 Hearing dates: 21 April 2020 Decision date: 24 April 2020 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 140(3)(b)(i) of the Civil Procedure Act 2005, proceedings number 2017/00363043 issued in the District Court of NSW at Parramatta are transferred to the Supreme Court of NSW at Sydney.
(2) Costs of the proceedings before me are costs in the cause. Catchwords: CIVIL – PROCEDURE – application for transfer of proceedings from District Court of New South Wales to the Supreme Court of New South Wales – whether the claim for damages is likely to exceed jurisdictional limit of the District Court – discussion of test and its application – transfer ordered Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW), ss 56, 140(3)(b)(i) Workers Compensation Act 1987 (NSW) Cases Cited: Johnstone v State of New South Wales [2006] NSWCA 105 Marincic v State of New South Wales [2017] NSWSC 272 Pelka v Woolworths Limited [2016] NSWSC 1312 Tauri v Janlin Circuses Pty Ltd (trading as Stardust Circus) [2017] NSWSC 1337 Category: Principal judgment Parties: Shayne Baker (Plaintiff) Pro Strip (Aust) Pty Limited (Defendant) Representation: Counsel: D Adhikary (Plaintiff) J Sleight (Defendant)
Solicitors: Gerard Malouf & Partners (Plaintiff) Thompson Cooper Lawyers (Defendant) File Number(s): 2017/00363043
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