Campton v Centennial Newstan Pty Ltd [2013] NSWSC 1020

Campton v Centennial Newstan Pty Ltd [2013] NSWSC 1020

The affidavit evidence demonstrated that it was appropriate and convenient for the case at least to commence in Newcastle so that evidence could be taken from witnesses resident in that region, with the matter then returning to Sydney during the allocated hearing period for further hearing and expert evidence, subject to the trial judge's discretion.

Jurisdiction
Australia
Judgment Date
24 July 2013
Procedural Posture
Common Law; Interlocutory Application / Plaintiff's Application for Change of Venue of the Hearing From Sydney to Newcastle
Outcome
Application for change of venue allowed to the extent that, subject to the trial judge's discretion, the hearing is to commence in Newcastle and resume in Sydney.
Legal Topics
['change of Venue' 'case Management' 'concurrent Expert Evidence']
['practice and Procedure'] ['change of Venue' 'case Management' 'concurrent Expert Evidence']

Case Brief

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Procedural Posture

Common Law; Interlocutory Application / Plaintiff's Application for Change of Venue of the Hearing From Sydney to Newcastle

Legal Issues

  1. 1 ['Whether the hearing should be moved from Sydney to Newcastle for some or all of the evidence.' 'How expert medical and related evidence should be managed if evidence is taken in Newcastle and Sydney.']

Ratio Decidendi

The affidavit evidence demonstrated that it was appropriate and convenient for the case at least to commence in Newcastle so that evidence could be taken from witnesses resident in that region, with the matter then returning to Sydney during the allocated hearing period for further hearing and expert evidence, subject to the trial judge's discretion.

Court Disposition

Application for change of venue allowed to the extent that, subject to the trial judge's discretion, the hearing is to commence in Newcastle and resume in Sydney.

Orders

  • ['Subject to the discretion of the trial judge, the hearing of this matter is to commence in Newcastle on 28 October 2013 and resume in Sydney for the completion of the evidence and final addresses.' 'The parties are directed to approach the listing manager forthwith, with all due despatch, to initiate the process...