Bechtel Constructions (Australia) Pty Ltd v Muhannad Alkhattab [2016] NSWSC 1749

Bechtel Constructions (Australia) Pty Ltd v Muhannad Alkhattab [2016] NSWSC 1749

The interests of justice do not favour transfer to Queensland. Witnesses are spread throughout Australia; proceedings are well advanced in NSW; NSW courts can dispose of civil business expeditiously; familiarity with Queensland law is not decisive. The application is dismissed and proceedings remitted to the NSW District Court.

Jurisdiction
Australia
Judgment Date
06 December 2016
Procedural Posture
Personal Injury / Application to Transfer Proceedings; Consideration of Cross Vesting; Orders on Application
Outcome
Plaintiff's application to transfer dismissed; proceedings remitted to District Court; plaintiff to pay defendant's costs.
Legal Topics
['cross Vesting' 'forum Selection' 'interests of Justice' 'damages Assessment']
['procedure' 'personal Injury'] ['cross Vesting' 'forum Selection' 'interests of Justice' 'damages Assessment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Personal Injury / Application to Transfer Proceedings; Consideration of Cross Vesting; Orders on Application

Legal Issues

  1. 1 ['Should the proceedings be transferred from New South Wales to Queensland under the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW)?' 'What is the appropriate forum in the interests of justice?']

Ratio Decidendi

The interests of justice do not favour transfer to Queensland. Witnesses are spread throughout Australia; proceedings are well advanced in NSW; NSW courts can dispose of civil business expeditiously; familiarity with Queensland law is not decisive. The application is dismissed and proceedings remitted to the NSW District Court.

Court Disposition

Plaintiff's application to transfer dismissed; proceedings remitted to District Court; plaintiff to pay defendant's costs.

Orders

  • ['Under s 8(1) Jurisdiction of Courts (Cross-vesting) Act 1987, proceedings numbered 2016/224328 are removed from the District Court to this Court for consideration of an application under s 5 of said Act.' "Dismiss the plaintiff's application under s 5(2) of the said Act." 'Under s 8(3) of the said Act, remit the...