Proceedings commenced in the NSW District Court without jurisdiction are 'proceedings' capable of transfer to the Supreme Court under s 145(1) of the District Court Act 1973. The conditions in s 145(3) for transfer of motor accident claims apply only to claims within the District Court's jurisdiction. A notice of discontinuance does not extinguish proceedings for the purpose of transfer; the proceedings remain and further steps, including removal to the Supreme Court, can be taken.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
2 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.