Credit Corp Services Pty Limited v Plant

[2015] NSWSC 1685

Supreme Court

New South Wales

Medium Neutral Citation:

Credit Corp Services Pty Limited v Plant [2015] NSWSC 1685

Hearing dates:

5 November 2015

Date of orders:

05 November 2015

Decision date:

05 November 2015

Jurisdiction:

Common Law

Before:

Schmidt J

Decision:

1.   The proceedings in the Local Court of NSW Case Number 2015/00005393 be transferred to the Supreme Court.

 

2.   The Statement of Claim filed in the Local Court of NSW on 7 January 2015, together with this summons and supporting affidavit to be served on the defendant outside of Australia.

 

3.   That the period of the validity of service of the Statement of Claim be extended for six months to 21 April 2016.

 4.   Adjourned to Registrar’s list on 29 January 2016.

Catchwords:

PROCEDURE – transfer of proceedings from Local Court to Supreme Court so statement of claim can be served outside Australia – order made

Legislation Cited:

Civil Procedure Act 2005 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)

Category:

Procedural and other rulings

Parties:

Credit Corp Services Pty Limited
ACN 082 928 872 (Plaintiff)

  Wayne Douglas Plan (Defendant)

Representation:

Solicitors:
Ms M Skinner
Gadens Lawyers

File Number(s):

2015/315152

Publication restriction:

None

EX TEMPORE Judgment

1. HER HONOUR: This is an application brought by way of summons seeking orders transferring proceedings commenced in the Local Court to this Court so that the statement of claim filed in the Local Court can be served outside Australia.

2. The applicant asks that the application be heard without the need for the parties to appear, but today Ms Skinner appears for the plaintiff, but it was sought that service of the application on the defendant not be required.

3. Amongst other things the application is supported by an affidavit sworn by Ms Mitchell on 21 October 2015. The plaintiff’s solicitor deposes to attempts to serve the defendant at St Leonards and advice received that the defendant is now working in Singapore.

4. It is in those circumstances that the application is pressed pursuant to s 140 of the Civil Procedure Act 2005 (NSW), r 11.2 and Sch 6 of the Uniform Civil Procedure Rules 2005 (NSW).

5. Having considered what is said in the summons, what is contained in the affidavit and what has fallen from Ms Skinner, I am satisfied that justice demands that the orders sought should be made. Accordingly, I order that:

1.   The proceedings in the Local Court of NSW Case Number 2015/00005393 be transferred to the Supreme Court.

2.   The Statement of Claim filed in the Local Court of NSW on 7 January 2015, together with this summons and supporting affidavit to be served on the defendant outside of Australia.

3.   That the period of the validity of service of the Statement of Claim be extended for six months to 21 April 2016.

4.   Adjourned to Registrar’s list on 29 January 2016.

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Decision last updated: 12 November 2015