Marsh v Stockland Trust Management Ltd t/as Stockland Shellharbour

[2014] NSWSC 1330

Supreme Court

New South Wales

Medium Neutral Citation:

Marsh v Stockland Trust Management Ltd t/as Stockland Shellharbour [2014] NSWSC 1330

Hearing dates:

25 September 2014

Decision date:

25 September 2014

Jurisdiction:

Common Law

Before:

Schmidt J

Decision:

The proceedings commenced in the District Court of New South Wales in matter 2013/00196041 in that Court be transferred to the Supreme Court of New South Wales pursuant to s 140(1) of the CivilProcedureAct.

No orders as to costs.

Catchwords:

PROCEDURE - proceedings - transfer of proceedings from District Court to Supreme Court - order made

Legislation Cited:

Civil Procedure Act 2005 (NSW)

Category:

Principal judgment

Parties:

Andrew Marsh (Plaintiff)
Stockland Trust Management t/as Stockland Shellharbour (First Defendant)
Stockland Property Management Pty Ltd (Second Defendant)
Reflections Security Pty Ltd (Third Defendant)

Representation:

Counsel:
Mr G Rowles (Plaintiff)
Solicitors:
Firths - The Compensation Lawyers (Plaintiff)

File Number(s):

2014/251998

Publication restriction:

None

EX TEMPORE Judgment

1. HER HONOUR: This is an application brought by the plaintiff, Mr Marsh, by summons filed on 27 August 2014 for orders transferring proceedings which he commenced in the District Court to this Court pursuant to s 140(1) of the CivilProcedureAct 2005 (NSW). There is no question as to the Court's jurisdiction to make the orders sought.

1. The third defendant consents to the application and the first and second defendants neither consent to nor oppose the application, submitting that its determination is a matter for the Court.

1. The summons is supported by two affidavits sworn by Mr Beal: one on 26 August 2014 and the other on 27 August 2014. What is there deposed goes to the circumstances in which the proceedings, in which claims for personal injury are pursued, were commenced.

1. In June 2010, when Mr Marsh was aged some thirty six years, he was assaulted, on his case while he was in the employ of the third defendant at premises owned by and/or managed by the first and second defendants.

1. Mr Marshall was very seriously injured. It appears from the affidavits and the supporting medical reports annexed to them that as a consequence of his injuries Mr Marsh has not worked since the assault, and it would seem, is unlikely in future to be able to do so.

1. I am satisfied, on the evidence, that the claim exceeds the District Court's jurisdictional limit and that it is likely that if Mr Marsh succeeds that orders in his favour exceeding that limit will be made.

1. In all of the circumstances disclosed on the affidavits and having in mind the attitude of the parties, I am well satisfied that the Court's discretion to make the orders sought should be exercised.

1. For those reasons, I order that the proceedings commenced in the District Court of New South Wales in matter 2013/00196041 in that Court be transferred to the Supreme Court of New South Wales pursuant to s 140(1) of the CivilProcedureAct 2005.

1. I note the parties' agreement that there is to be no order as to costs.

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Decision last updated: 30 September 2014