Goldberg v Hannan - [2025] NSWDC 179

District Court

New South Wales

Medium Neutral Citation: Goldberg v Hannan [2025] NSWDC 179
Hearing dates: 19 March 2025
Date of orders: 16 May 2025
Decision date: 16 May 2025
Jurisdiction: Civil
Before: Catsanos SC DCJ
Decision:
(1)   That proceedings in the Local Court titled Alex Goldberg v Tim Hannan case number 2023/00022625 be transferred to the District Court of New South Wales pursuant to s 140(2) of the Civil Procedure Act 2005 (NSW).
(2)   That any Orders or Directions for case management and service of evidence made in the Local Court are revoked and the parties are to be subject to such Orders and Directions for case management and the service of evidence as are made in this Court.
(3)   That the question of costs is reserved. In the absence of agreement, I will decide costs in Chambers. To that end, the parties are to provide, by email to my Associate, written submissions not exceeding three pages in support of orders contended for, the plaintiff within seven days hereof and the defendant within seven days thereafter.

Catchwords:
CIVIL PROCEDURE – transfer of proceedings from Local Court to District Court pursuant to s 140 Civil Procedure Act 2005 (NSW) – plaintiff obtains default judgment in the Local Court – prior to assessment hearing being commenced plaintiff seeks transfer to District Court – defendant raises quantum and other discretionary matters in opposition to transfer – whether plaintiff has established sufficient reason for transfer

Legislation Cited:
Civil Liability Act 2002 (NSW)
Civil Procedure Act 2005 (NSW), ss 56, 58, 140
Local Court Act 2007 (NSW), ss 29, 30, 31
Uniform Civil Procedure Rules 2005 (NSW), Pt 14, r 14.26, Pt 15 r 15.12

Cases Cited:
Avopiling Pty Ltd v Bosevski (2018) 98 NSWLR 171; [2018] NSWCA 146
Brown v IJM Group Pty Ltd trading as Cove Agency [2024] NSWSC 578
Ex parte Delponte; Re Theiss Bros Pty Ltd [1965] NSWR 1468
Ex parte Sadler; Re Cemac Modular Constructions Pty Ltd (1973) 1 NSWLR 263
Kadic v Theiss Bros Pty Ltd (1967) 67 SR (NSW) 411; [1967] 2 NSWR 257
Liristis v White [2024] NSWDC 557
Restaino v Urban Purveyor Group Pty Ltd [2021] NSWSC 1164
Sneddon v State of New South Wales [2012] NSWCA 351
Tauri v Janlin Circuses Pty Ltd (trading as Stardust Circus) [2017] NSWSC 1337

Category: Principal judgment
Parties: Alex Goldberg (Plaintiff, In Person)
Timothy Francis Hannan (Defendant)
Representation:
Counsel:
M Short (Defendant)
Solicitors:
HTA Legal (Defendant)

File Number(s): 2024/00447912
Publication restriction: Nil

JUDGMENT

Introduction

By Summons filed on 2 December 2024 the plaintiff, who is self-represented, seeks an order that proceedings between him and the defendant, presently before the Local Court at Tweed Heads, be transferred to the District Court pursuant to s 140(2) of the Civil Procedure Act 2005 (NSW) (CPA).
That application is opposed by the defendant.
The application was heard on 19 March 2025, with further submissions subsequently provided, pursuant to leave granted to the parties at the conclusion of the hearing.

Background

The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Goldberg v Hannan

Details

AGLC: Goldberg v Hannan [2025] NSWDC 179
Case: [2025] NSWDC 179
Decision Date: 16 May 2025

CaseChat Overview and Summary

Goldberg v Hannan was a matter before the District Court of New South Wales, where the plaintiff, Alex Goldberg, sought to transfer proceedings from the Local Court. The defendant, Tim Hannan, had already been served with a writ and the Local Court had issued a default judgment against him. Goldberg's application to transfer the matter was pursuant to section 140(2) of the Civil Procedure Act 2005 (NSW), and Hannan opposed the application on the basis of the quantum of damages claimed and other discretionary matters.

The central issue for the court was whether Goldberg had demonstrated sufficient reason for the transfer of the proceedings from the Local Court to the District Court. The court noted that the threshold for transferring a matter from the Local Court to the District Court was whether there was "sufficient reason" for the transfer, which was a broad and discretionary consideration. The court was required to balance the interests of the parties, including the interests of justice and the public interest in the efficient administration of justice.

The court determined that there was sufficient reason for the transfer, primarily due to the quantum of damages claimed, which exceeded the jurisdictional limit of the Local Court. The court emphasised the importance of ensuring that cases were heard in the appropriate court, particularly where the amount in dispute was significant. The court also considered the interests of justice and the need for the matter to be heard by a judge with the appropriate jurisdiction to determine all issues in the case. The court was satisfied that these considerations warranted the transfer of the proceedings to the District Court.

The court ordered that the proceedings be transferred from the Local Court to the District Court, that any orders or directions made in the Local Court were revoked, and that the parties were to be subject to such orders and directions as were made in the District Court. The court reserved the question of costs, directing the parties to provide written submissions on the matter within a specified timeframe.

Orders

Orders of the court

(1) That proceedings in the Local Court titled Alex Goldberg v Tim Hannan case number 2023/00022625 be transferred to the District Court of New South Wales pursuant to s 140(2) of the Civil Procedure Act 2005 (NSW).

(2) That any Orders or Directions for case management and service of evidence made in the Local Court are revoked and the parties are to be subject to such Orders and Directions for case management and the service of evidence as are made in this Court.

(3) That the question of costs is reserved. In the absence of agreement, I will decide costs in Chambers. To that end, the parties are to provide, by email to my Associate, written submissions not exceeding three pages in support of orders contended for, the plaintiff within seven days hereof and the defendant within seven days thereafter.

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Goldberg v Hannan [2025] NSWDC 179
Hearing dates:	19 March 2025
Date of orders:	16 May 2025
Decision date:	16 May 2025
Jurisdiction:	Civil
Before:	Catsanos SC DCJ
Decision:	(1) That proceedings in the Local Court titled Alex Goldberg v Tim Hannan case number 2023/00022625 be transferred to the District Court of New South Wales pursuant to s 140(2) of the Civil Procedure Act 2005 (NSW). (2) That any Orders or Directions for case management and service of evidence made in the Local Court are revoked and the parties are to be subject to such Orders and Directions for case management and the service of evidence as are made in this Court. (3) That the question of costs is reserved. In the absence of agreement, I will decide costs in Chambers. To that end, the parties are to provide, by email to my Associate, written submissions not exceeding three pages in support of orders contended for, the plaintiff within seven days hereof and the defendant within seven days thereafter.
Catchwords:	CIVIL PROCEDURE – transfer of proceedings from Local Court to District Court pursuant to s 140 Civil Procedure Act 2005 (NSW) – plaintiff obtains default judgment in the Local Court – prior to assessment hearing being commenced plaintiff seeks transfer to District Court – defendant raises quantum and other discretionary matters in opposition to transfer – whether plaintiff has established sufficient reason for transfer
Legislation Cited:	Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW), ss 56, 58, 140 Local Court Act 2007 (NSW), ss 29, 30, 31 Uniform Civil Procedure Rules 2005 (NSW), Pt 14, r 14.26, Pt 15 r 15.12
Cases Cited:	Avopiling Pty Ltd v Bosevski (2018) 98 NSWLR 171; [2018] NSWCA 146 Brown v IJM Group Pty Ltd trading as Cove Agency [2024] NSWSC 578 Ex parte Delponte; Re Theiss Bros Pty Ltd [1965] NSWR 1468 Ex parte Sadler; Re Cemac Modular Constructions Pty Ltd (1973) 1 NSWLR 263 Kadic v Theiss Bros Pty Ltd (1967) 67 SR (NSW) 411; [1967] 2 NSWR 257 Liristis v White [2024] NSWDC 557 Restaino v Urban Purveyor Group Pty Ltd [2021] NSWSC 1164 Sneddon v State of New South Wales [2012] NSWCA 351 Tauri v Janlin Circuses Pty Ltd (trading as Stardust Circus) [2017] NSWSC 1337
Category:	Principal judgment
Parties:	Alex Goldberg (Plaintiff, In Person) Timothy Francis Hannan (Defendant)
Representation:	Counsel: M Short (Defendant) Solicitors: HTA Legal (Defendant)
File Number(s):	2024/00447912
Publication restriction:	Nil