Fertility Australia Pty Ltd & Ors v Wendy Read & Charles Goble [2024] NSWSC 420

Fertility Australia Pty Ltd & Ors v Wendy Read & Charles Goble [2024] NSWSC 420

The NSW proceedings are related to the Victorian class action as they raise substantial common questions of fact and law regarding the use of niPGT-A in IVF and related negligence and consumer law issues; as the Victorian proceeding is further advanced and more appropriate to determine the dispute, and as the interests of justice favour transfer, the orders for removal and transfer were justified under the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW).

Jurisdiction
Australia
Judgment Date
19 April 2024
Procedural Posture
Procedural Ruling / Transfer Application
Outcome
Proceedings removed to the Supreme Court of New South Wales and transferred to the Supreme Court of Victoria; costs reserved.
Legal Topics
['cross Vesting' 'transfer of Proceedings' 'negligence' 'class Action' 'ivf Treatment']
['civil Law' 'procedure'] ['cross Vesting' 'transfer of Proceedings' 'negligence' 'class Action' 'ivf Treatment']

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Procedural Posture

Procedural Ruling / Transfer Application

Legal Issues

  1. 1 ['Whether the NSW proceeding is related to the class action in Victoria' 'Whether the Supreme Court of Victoria is the more appropriate Court to determine the NSW proceeding' 'Whether it is otherwise in the interests of justice that the NSW proceeding be determined by the Supreme Court of Victoria']

Ratio Decidendi

The NSW proceedings are related to the Victorian class action as they raise substantial common questions of fact and law regarding the use of niPGT-A in IVF and related negligence and consumer law issues; as the Victorian proceeding is further advanced and more appropriate to determine the dispute, and as the interests of justice favour transfer, the orders for removal and transfer were justified under the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW).

Court Disposition

Proceedings removed to the Supreme Court of New South Wales and transferred to the Supreme Court of Victoria; costs reserved.

Orders

  • ['An order pursuant to s 8(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) that proceedings numbered 2023/00339019 be removed from the District Court of New South Wales at Newcastle to the Supreme Court of New South Wales for the purposes of consideration of an application under s 5 of the Act.' 'An...