Middleton v Campbell Brothers Ltd

[2005] NSWCA 50

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Transfer of proceedings
3. › Removal from District Court to Supreme Court
4. › Work injury damages claim
5. › Whether amount likely to exceed $1,000,000
6. › Whether complex legal issues
7. › District Court Act 1973 (NSW), s 145(3)
1. Practice and Procedure
2. › Discontinuance
3. › Notice of discontinuance
4. › Whether District Court has power to set aside notice of discontinuance
5. › Transfer to Supreme Court to determine question

Quick Take

A question about the District Court's power to set aside a notice of discontinuance, which caused an experienced District Court judge great difficulty, may constitute a 'complex legal issue' for the purposes of s 145(3) of the District Court Act 1973 (NSW), justifying removal of a work injury damages claim to the Supreme Court.

Case Details

Citation[2005] NSWCA 50

CourtNSWCA

JurisdictionNew South Wales

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