Matters Preceding Litigation and Commencing Proceedings Flashcards
What is the maximum civil limit of claims in the Local Court of New South Wales?
Max $100,000 (S 29 Local Court Act 2007)
What is the maximum civil limit of claims in the District Court of New South Wales?
Less than $750,000 (s 44 District Court Act 1973)
What is the maximum civil limit of claims in the Supreme Court of New South Wales?
All jurisdiction which may be necessary for the administration of justice in New South Wales (s23 Supreme Court Act 1970)
What is the relevant case law to cite regarding the delegation of a case to another court “in the interest of justice”; looking a connecting factors such as; cost, expense and convenience.
BHB Billiton v Schultz [2004] HCA 61
Plaintiff had asbestosis and would die unless the matter was heard earlier in a higher court.
What case law is relevant to cite when discussing how Limitation Periods are substantive law?
John Pfeiffer Pty Ltd v Rogerson [2000[ HCA 36 at [99]
Need for limitation periods
Brisbane South Regional HA v Taylor (1996) 186 CLR 541
A limitation period should not be seen … as a arbitrary cut off point…
it represents the legislatures judgment that the welfare of society…. the limitation periods may often result in a good cause of action being defeated.
Limitation Act s 50C
a) 3 year post discoverability imitation period…
from the moment the fault is discovered or you should have reasonably discovered. (SEE TEST IN Limitation Act s 50D)
b) The 12 year long-stop limitation period.
What refers to knowledge of identified facts, and not to an assessment of prospects of success in the prospective proceedings.
Baker-Morrison v State of NSW (2009) 74 NSWLR 454
What case is relevant in discussing the application of s 50D of the Limitation Act?
Frizelle v Bauer 2009 NSW CA 239
Further evidential material was not required so it was distinguishable from Baker-Morrison v State of NSW (2009) 74 NSWLR 454.
The seriousness of the injury could have been determined during the standard limitation period.
What is the relevant case to cite regarding the meaning of ‘ought to have known’ in section 50D of the limitation act?
Baggs v Uni of Sydney Union
What are the two types of interim injections?
Search orders: Anton Piller orders
Freezing orders: Mareva injections
[In an urgent case, the court can make an order before the commencement of proceedings: UCPR r 25.2(1)(c)
UCPR r 25.19
the court may make an order in any proceeding, with or with our notice for the purpose of securing or preserving evidence.
What case shows a search order cannot be used as an investigatory tool?
Findex v Mckay [2019 NSWCA (KVLM 351)
Jackson v Sterling Industries lt (1987)
Curt order can’t extend over their intended purpose, in this case the defendant was ordered to transfer 3$m, which was greater than the assesses they had. Held to be improper.
What is the definition of “Statement of claim”
used when the proceedings involve disputed contentions of fact - UCPR r6.3
