The District Court confirmed that it has no power under s 140 of the Civil Procedure Act 2005 (NSW) to transfer its own proceedings to the Supreme Court; that power resides only in the Supreme Court itself. The District Court's own transfer power under s 144 of the Civil Procedure Act is limited to matters potentially falling within the Court's equitable jurisdiction under s 134 of the District Court Act 1973 (NSW), and does not extend to claims in negligence and under s 177 of the Conveyancing Act 1919 (NSW). A party seeking transfer of non-equitable District Court proceedings to the Supreme Court must apply to the Supreme Court directly.
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