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Court transfer application.

By Bill Madden on September 18, 2020
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Pearson v Nepean Blue Mountains Health District [2020] NSWSC 1278 (on Caselaw) is a judical review of a decision by a Registrar to refuse transfer of three related claims (a compensation to relatives claim and two nervous shock claims) from the District Court to the Supreme Court.

It is of interest for its restatement of the principles involved in assessing the merits of such transfers in respect of the potential quantum of claims. Ultimately the Court commented that “the Registrar has gone beyond taking an impressionistic view. She has delved into the assessment of damages and the chances of success of the legal arguments that counsel for the plaintiffs intends to rely upon at trial. As such, the decision of the Registrar should be set aside.” (at [56]).

Also of interest is the mentioned intention of the plaintiffs to argue as being wrong the remarks in Coote v Kelly [2016] NSWSC 1447, which if correct may have the effect that the first plaintiff could not claim for non-financial loss or loss of domestic services (at [30]).

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