Scrivener v Raffles Medical Group Limited [2015] NSWSC 874

Scrivener v Raffles Medical Group Limited [2015] NSWSC 874

The defendant established that the Supreme Court of New South Wales is a clearly inappropriate forum for this dispute, given the Singaporean location of the events, law to be applied, witnesses, and the necessity for applying foreign legal and medical standards. Therefore, pursuant to r 12.11(1) of the Uniform Civil Procedure Rules 2005 (NSW), the statement of claim was set aside.

Jurisdiction
Australia
Judgment Date
03 July 2015
Procedural Posture
Claim in Negligence and Breach of Contract / Ruling on Motion to Set Aside Statement of Claim for Want of Jurisdiction/forum Non Conveniens
Outcome
Statement of claim set aside for want of jurisdiction; costs to defendant.
Legal Topics
['forum Non Conveniens' 'service Outside Jurisdiction' 'breach of Contract' 'negligence' 'vicarious Liability']
['civil Procedure'] ['forum Non Conveniens' 'service Outside Jurisdiction' 'breach of Contract' 'negligence' 'vicarious Liability']

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Procedural Posture

Claim in Negligence and Breach of Contract / Ruling on Motion to Set Aside Statement of Claim for Want of Jurisdiction/forum Non Conveniens

Legal Issues

  1. 1 ['Whether the Supreme Court of New South Wales is a clearly inappropriate forum for determination of the dispute' 'Whether statement of claim should be set aside under r 12.11(1) UCPR 2005 (NSW)' 'Whether proceedings fall within Schedule 6 of the Uniform Civil Procedure Rules 2005 (NSW) permitting service outside Australia']

Ratio Decidendi

The defendant established that the Supreme Court of New South Wales is a clearly inappropriate forum for this dispute, given the Singaporean location of the events, law to be applied, witnesses, and the necessity for applying foreign legal and medical standards. Therefore, pursuant to r 12.11(1) of the Uniform Civil Procedure Rules 2005 (NSW), the statement of claim was set aside.

Court Disposition

Statement of claim set aside for want of jurisdiction; costs to defendant.

Orders

  • ['Pursuant to Rule 12.11(1) of the Uniform Civil Procedure Rules 2005 (NSW), the statement of claim filed on 28 July 2014 is set aside.' 'The plaintiff must pay the costs of the defendant of the proceedings before me.']