//
[2026] NSWDC 19
General information, not legal advice.
District Court of NSW
2026-02-18
Dicker SC DCJ
Original judgment source is linked above.
Zoe will write a short plain-English brief of this judgment and email it to you: what it was about, what the court decided and why. It can take up to a minute.
General information, not legal advice.
Or create a free account to save it and ask Zoe follow-up questions.
Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Strata Plan 8017 t/as The Owners – Strata Plan 8017 v Makawi Manly Pty Ltd [2026] NSWDC 19
Hearing dates: 18 February 2026
Date of orders: 18 February 2026
Decision date: 18 February 2026
Jurisdiction: Civil
Before: Dicker SC DCJ
Decision: Paragraph 1 of the Notice of Motion filed on 17 February 2026 is dismissed.
Catchwords: PRACTICE AND PROCEDURE – application to transfer from the District Court to the Supreme Court
Legislation Cited: Civil Procedure Act 2005 (NSW), s 140, s 144 Conveyancing Act 1919 (NSW), s 177 District Court Act 1973 (NSW), s 134
Cases Cited: Mahommed v Unicomb [2017] NSWCA 65
Category: Procedural rulings
Parties: Strata Plan 8017 trading as The Owners – Strata Plan 8017 (plaintiff)
Makawi Manly Pty Ltd (ACN 161 255 590) in its own right and as trustee for Makawi Manly Trust (ABN 20 227 729 465) (first defendant)
CF Group Piling Pty Ltd (ACN 141 982 292) (second defendant)
Cutter Soil Mix Aust Pty Ltd (ACN 153 866 418) (third defendant)
Representation: Counsel:
Mr Immidi (plaintiff)
Mr P Horobin (first defendant)
Solicitors:
Chedid Storey Legal (plaintiff)
Wight & Strickland (first defendant)
Landers & Rogers (second and third defendants)
File Number(s): 2023/00423439
Publication restriction: Nil
Before the Court is a Notice of Motion filed on 17 February 2026 by the plaintiff seeking various orders including an order transferring the proceedings from this Court to the Supreme Court.
These proceedings were commenced in 2023 and relate to alleged damage to a property at [xx] Pittwater Road, Manly as a result of excavation works at the neighbouring property. The causes of action are in negligence and under s 177 of the Conveyancing Act 1919 (NSW). In paragraph 1 of the Notice of Motion, a transfer is sought from this Court to the Supreme Court under s 140 of the Civil Procedure Act 2005 (NSW).
Section 140 only permits the Supreme Court to transfer proceedings from this Court to the Supreme Court and not this Court of its own motion. The Court does have the power to transfer certain matters to the Supreme Court under s 144 of the Civil Procedure Act. However, that power is limited to matters potentially falling within the Court's equitable jurisdiction in s 134 of the District Court Act 1973 (NSW) and that is made clear by a careful reading of s 144(1) of the Civil Procedure Act*.* See also Mahommed v Unicomb [2017] NSWCA 65 at [38]-[51] per Ward JA.
Accordingly, the relief sought in the Notice of Motion is misconceived having regard to the causes of action pleaded in the Statement of Claim and also the Further Amended Statement of Claim filed on 16 September 2025.
In summary, having regard to those causes of action, the only court with the power to transfer these proceedings to the Supreme Court is the Supreme Court itself. Paragraph 1 of the Notice of Motion must be dismissed.
**********
Strata Plan 8017 t/as The Owners �e" Strata Plan 8017
Makawi Manly Pty Ltd [2026] NSWDC 19