Callaghan v Montes [2019] NSWSC 1527

Callaghan v Montes [2019] NSWSC 1527

The interests of justice required the proceedings to be heard in Victoria because both current parties reside in Victoria, the defendant carries on medical practice in Victoria, the plaintiff was treated in Victoria, the matter will be decided according to Victorian law, the majority of witnesses are located in Victoria, and the defendant consented to the orders. The proceedings therefore had to be removed to the Supreme Court of New South Wales and then transferred to the Supreme Court of Victoria.

Jurisdiction
Australia
Judgment Date
05 November 2019
Procedural Posture
Medical Negligence Claim; Application for Removal and Cross Vesting Transfer / Summons Seeking Removal of District Court Proceedings to the Supreme Court of New South Wales and Transfer to the Supreme Court of Victoria
Outcome
Proceedings removed to the Supreme Court of New South Wales and transferred to the Supreme Court of Victoria; costs to be costs in the cause.
Legal Topics
['cross Vesting' 'transfer to Another Supreme Court' 'removal From District Court' 'interests of Justice']
['civil Procedure' 'medical Negligence'] ['cross Vesting' 'transfer to Another Supreme Court' 'removal From District Court' 'interests of Justice']

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Procedural Posture

Medical Negligence Claim; Application for Removal and Cross Vesting Transfer / Summons Seeking Removal of District Court Proceedings to the Supreme Court of New South Wales and Transfer to the Supreme Court of Victoria

Legal Issues

  1. 1 ['Whether proceedings No. 2018/156665 in the District Court of New South Wales should be removed to the Supreme Court of New South Wales for determination of appropriate jurisdiction.' 'Whether the proceedings should be transferred to the Supreme Court of Victoria under the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW).']

Ratio Decidendi

The interests of justice required the proceedings to be heard in Victoria because both current parties reside in Victoria, the defendant carries on medical practice in Victoria, the plaintiff was treated in Victoria, the matter will be decided according to Victorian law, the majority of witnesses are located in Victoria, and the defendant consented to the orders. The proceedings therefore had to be removed to the Supreme Court of New South Wales and then transferred to the Supreme Court of Victoria.

Court Disposition

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

Orders

  • ['Pursuant to s 140(1) of the Civil Procedure Act 2005 (NSW) and s 8(1)(b)(ii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), proceedings No. 2018/156665 in the District Court of New South Wales are removed to the Supreme Court of New South Wales for a determination of appropriate jurisdiction.'...