Supreme Court transfers five related civil actions from Larnaca to Limassol for convenience and expense savings.

[*710] 1969 May 13

(VASSILIADES, P., JOSEPHIDES, STAVRINIDES, JJ.)

ORIGINAL JURISDICTION

Christodoulos Ioannides and others,

Applicants,

v.

Stelios Kalotaris and others,

Respondents.

(Civil Application No. 2/69).

Civil Procedure - Action - Transfer of Action - Courts of Justice Law i960 (No. 14 of 1960) section 61 - Discretionary power of Supreme Court - Matters to "be taken into account in the exercise of - Convenience and expense - Five actions arising from the same cause of action and resting more or less on the same facts filed in two different District Courts - Ordered to be tried in the same Court.

Courts of Justice Law, 1960 (No. 14 of 1960), section 61 - Transfer of actions - Object of the provisions of - To facilitate the course of justice.

Actions - Transfer of - See under "Civil Procedure".

Transfer of Actions - See under "Civil Procedure".

G. Nicolaides, for the Applicants,

G. Polyviou, for Respondents 4 and 5 (Defendants in Actions 29/69; 1523/68, 2152/68, Limassol).

J. Mavronicolas, for Respondent 3 (Plaintiff in Action 293/695 Limassol).

S. G. McBride, for Respondents 2 (Action 2152/68, Limassol).

P. Laoudas, far Respondent 1 (Plaintiff in Action No. 1523/68, Limassol).

D. Demetriades, for Respondents 4 and 5 (Plaintiffs in Action Nos. 335/68, 336/685 Larnaca).

JUDGMENT

The Judgment of the Court was delivered by: -

VASSILIADES. P.; Arising from a road traffic [*711] collision, there are now pending - according to the material before us - three actions in the District Court of Limassol and two actions in the District Court of Larnaca. The application is for all these five actions, which apparently have a lot in common resting on more or less the same set of facts, to he tried in the same Court for reasons of convenience to the parties and the Saving of expense. The proceeding is taken under section 61 of the Courts of Justice Law, No.14 of 1960.

All counsel representing the parties before us, in all five actions, agree that the best arrangement is for all these cases to be heard in the same Court. The question is: which of the two Courts?

After hearing counsel on the point, we think that the Court of Limassol will be more convenient, in the circumstances. Therefore, the two actions in the Court of Larnaca should be transferred to the Court of Limassol.

The power of this Court to order the transfer of proceedings from one court to another under section 61 of the Courts of Justice Law (14 of i960) was considered in Photos Photiades & Co., v. Jadranska Slobodna, Plovidba (1962) C.L.R. 107; and in subsequent cases of which we may mention Constantinou and Another v. Christina Petrov, and Another (1968)

5 J.S.C. 585; and Tsiakli v. Koudounas (1968) 11, J.S.C., 1198. It is a discretionary power, the exercise of which depends on the relevant circumstances in each case. Convenience and expense are matters which, inter alia, are taken into account. The object of the provision is apparently, to facilitate the course of justice. In the proceeding before us, we think [*712] that the power in question should be exercised as indicated above.

There will be an order under section 61 of the Courts of Justice Law (14 of 1960) for the transfer of Actions 335/68 and 336/68 from the District. Court of Larnaca to the District Court of Limassol. With costs in cause to the extent that they may be allowed by the trial Court, in each case.

Application granted;

order for costs as above.