Davies bhnf McRae v Body Corporate for the Phoenician [2016] NSWSC 973

Davies bhnf McRae v Body Corporate for the Phoenician [2016] NSWSC 973

Because the law applicable to the assessment of damages and liability is that of Queensland, which differs considerably from New South Wales law, and because the procedures in Queensland are distinct and best interpreted by Queensland courts, it is in the interests of justice to transfer the proceedings to the Supreme Court of Queensland under s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).

Jurisdiction
Australia
Judgment Date
14 July 2016
Procedural Posture
Personal Injury Proceedings / Application to Transfer Proceedings (cross Vesting)
Outcome
Proceedings transferred to Supreme Court of Queensland with orders as to costs and undertaking by the defendant regarding costs.
Legal Topics
['cross Vesting of Jurisdiction' 'personal Injury' 'transfer of Proceedings' 'choice of Law' 'jurisdiction' 'assessment of Damages']
['tort Law' 'civil Procedure'] ['cross Vesting of Jurisdiction' 'personal Injury' 'transfer of Proceedings' 'choice of Law' 'jurisdiction' 'assessment of Damages']

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Procedural Posture

Personal Injury Proceedings / Application to Transfer Proceedings (cross Vesting)

Legal Issues

  1. 1 ['Whether it is more appropriate in the interests of justice to transfer the proceedings to the Supreme Court of Queensland under s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW)']

Ratio Decidendi

Because the law applicable to the assessment of damages and liability is that of Queensland, which differs considerably from New South Wales law, and because the procedures in Queensland are distinct and best interpreted by Queensland courts, it is in the interests of justice to transfer the proceedings to the Supreme Court of Queensland under s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).

Court Disposition

Proceedings transferred to Supreme Court of Queensland with orders as to costs and undertaking by the defendant regarding costs.

Orders

  • ['Note the undertaking of the defendant that should a Notice under Part 1 of the Personal Injuries Proceedings Act 2002 (QLD) be served and a declaration sought by the plaintiffs herein from the Supreme Court of Queensland to remedy its failure to comply with the time limit set by the foregoing Act, the defendant...