Miller v Jones [2017] NSWSC 1096

Miller v Jones [2017] NSWSC 1096

The defendant failed to establish that the Supreme Court of New South Wales was a clearly inappropriate forum. Although the alleged acts and omissions occurred in France and French law would apply, the plaintiff and all witnesses he proposed to call were in Australia, relevant damages evidence was more readily available in New South Wales, there was little evidence identifying necessary French witnesses or disruption to the defendant, limited documentary evidence was involved, evidence could be taken by audio visual link, the defendant spoke English while the plaintiff did not speak French, and requiring the plaintiff to litigate in France would cause significant juridical and financial...

Jurisdiction
Australia
Judgment Date
24 August 2017
Procedural Posture
Medical Negligence Proceedings; Notice of Motion for Stay of Proceedings on Clearly Inappropriate Forum Grounds / Notice of Motion
Outcome
Notice of motion dismissed.
Legal Topics
['stay of Proceedings' 'clearly Inappropriate Forum' 'forum Non Conveniens' 'foreign Law' 'connecting Factors']
['practice and Procedure' 'private International Law' 'tort Law' 'medical Negligence'] ['stay of Proceedings' 'clearly Inappropriate Forum' 'forum Non Conveniens' 'foreign Law' 'connecting Factors']

Case Brief

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Procedural Posture

Medical Negligence Proceedings; Notice of Motion for Stay of Proceedings on Clearly Inappropriate Forum Grounds / Notice of Motion

Legal Issues

  1. 1 ['Whether the Supreme Court of New South Wales was a clearly inappropriate forum for proceedings concerning alleged negligent surgery performed in France.' 'Whether the defendant discharged the onus of showing that continuation of the proceedings in New South Wales would be oppressive, vexatious or productive of injustice.' 'Whether factors including French substantive law, French witnesses and documents, language issues, and the location of the plaintiff and his witnesses justified a stay.']

Ratio Decidendi

The defendant failed to establish that the Supreme Court of New South Wales was a clearly inappropriate forum. Although the alleged acts and omissions occurred in France and French law would apply, the plaintiff and all witnesses he proposed to call were in Australia, relevant damages evidence was more readily available in New South Wales, there was little evidence identifying necessary French witnesses or disruption to the defendant, limited documentary evidence was involved, evidence could be taken by audio visual link, the defendant spoke English while the plaintiff did not speak French, and requiring the plaintiff to litigate in France would cause significant juridical and financial...

Court Disposition

Notice of motion dismissed.

Orders

  • ['The notice of motion is dismissed.' "The defendant is to pay the plaintiff's costs of the notice of motion." 'The proceedings are listed for further directions before me on 31 August 2017 at 10.00am.']