Lend Lease Funds Management t/as Sunshine Plaza v Sawaya [2014] NSWSC 262

Lend Lease Funds Management t/as Sunshine Plaza v Sawaya [2014] NSWSC 262

Given that the alleged tort occurred in Queensland, Queensland law applies, and the interests of justice, including convenience, relevant witnesses and substantive law, favour determination by the Supreme Court of Queensland, the proceedings should be transferred accordingly.

Jurisdiction
Australia
Judgment Date
18 March 2014
Procedural Posture
Notice of Motion/application / Transfer of Proceedings From NSW District Court to Supreme Court of Queensland
Outcome
Application granted; proceedings transferred to Supreme Court of Queensland.
Legal Topics
['transfer of Proceedings' 'cross Vesting Jurisdiction' 'forum Non Conveniens' 'personal Injury']
['procedure'] ['transfer of Proceedings' 'cross Vesting Jurisdiction' 'forum Non Conveniens' 'personal Injury']

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Procedural Posture

Notice of Motion/application / Transfer of Proceedings From NSW District Court to Supreme Court of Queensland

Legal Issues

  1. 1 ['Whether proceedings should be transferred from the New South Wales District Court to the Supreme Court of Queensland under cross-vesting legislation based on the interests of justice.']

Ratio Decidendi

Given that the alleged tort occurred in Queensland, Queensland law applies, and the interests of justice, including convenience, relevant witnesses and substantive law, favour determination by the Supreme Court of Queensland, the proceedings should be transferred accordingly.

Court Disposition

Application granted; proceedings transferred to Supreme Court of Queensland.

Orders

  • ['The New South Wales District Court proceedings no 287713 of 2013 be transferred to the New South Wales Supreme Court pursuant to s 140(1) of the Civil Procedure Act 2005 (NSW).' 'The New South Wales Supreme Court proceedings be transferred to the Supreme Court of Queensland, pursuant to s 5(2) of the Jurisdiction...