Riki v Sphere Healthcare Pty Ltd

The proceedings concerned an appeal from a decision of a Judicial Registrar of the District Court. The appeal was initially filed in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether it had jurisdiction to hear the appeal, or if the matter should be remitted to another division of the Supreme Court. Specifically, the court considered the application of section 51(2)(b) of the *Supreme Court Act 1970* (NSW), which deals with the assignment of proceedings.

Brereton JA determined that the proceedings should be remitted to the Equity Division Corporations List. This decision was made in the absence of submissions from the applicant supporting the matter remaining in the Court of Appeal, indicating a discretionary exercise of the court's power under the *Supreme Court Act*.

Consequently, the Court of Appeal ordered that the proceedings be remitted to the Equity Division Corporations List.