Sue v Chep Australia Pty Ltd

The plaintiff, Sue, applied to the Supreme Court for an order transferring the proceedings from the District Court to the Supreme Court on the basis that the damages awarded in the District Court may exceed the jurisdictional limit of that Court. Chep Australia Pty Ltd opposed the application. The plaintiff argued that she had incurred significant losses, including substantial loss of earnings, special damages, and aggravated damages, which, when added to general damages, would exceed the District Court's jurisdictional limit. Chep Australia submitted that the District Court had not made any award of aggravated damages and, even if it had, it would be unlikely that the total damages would exceed the jurisdictional limit.

The Court considered the provisions of section 140 of the Civil Procedure Act 2005 (NSW) which allow for an application to transfer proceedings to the Supreme Court where damages awarded may exceed the jurisdictional limit of the District Court. The Court noted that the District Court had awarded $38,500 in special damages and $165,000 in general damages, but had not awarded aggravated damages. The Court held that the District Court's decision not to award aggravated damages was a decision on liability and, therefore, it was not open to the Supreme Court to make an award of aggravated damages in the transfer application. Accordingly, the Court concluded that it was unlikely that the total damages would exceed the jurisdictional limit of the District Court.

The Court dismissed the summons for an order transferring the proceedings to the Supreme Court. The Court held that the District Court had not made any award of aggravated damages and, even if it had, it would be unlikely that the total damages would exceed the jurisdictional limit of the District Court. The Court held that the plaintiff had not satisfied the requirements of section 140 of the Civil Procedure Act 2005 (NSW) for an order transferring the proceedings to the Supreme Court. The Court dismissed the summons.