Permanent Mortgages v Garton

The case involved Permanent Mortgages as the plaintiff and Mr. Garton as the defendant. The dispute centred on whether the proceedings should be heard in the County Court of Tasmania (CTTT) or in the Supreme Court of Tasmania. The matter was initially brought before the Supreme Court, but Permanent Mortgages argued that the case should be transferred to the CTTT on the basis of the monetary threshold and the nature of the claim.

The legal issues before the court were whether the monetary threshold for claims exceeding $75,000 was applicable and if the nature of the claim was such that it warranted hearing in the Supreme Court. The court needed to determine whether the claim for the foreclosure of a mortgage and the recovery of a debt fell under the exclusive jurisdiction of the Supreme Court or if it could be heard in the CTTT.

The court held that the monetary threshold for claims exceeding $75,000 was not applicable in this case because the claim was for foreclosure of a mortgage and recovery of debt, which is a matter that falls under the exclusive jurisdiction of the Supreme Court. The court also noted that the nature of the claim did not change the jurisdictional issue, as the claim remained within the exclusive jurisdiction of the Supreme Court regardless of its monetary value. Therefore, the proceedings were not to be transferred to the CTTT.

The final orders of the court were that the proceedings remain in the Supreme Court of Tasmania, and the case was not to be transferred to the County Court of Tasmania.