Miller v Jones (No 2) [2019] NSWSC 992

Miller v Jones (No 2) [2019] NSWSC 992

The defendant failed to show that this Court was a clearly inappropriate forum. The relevant discretionary factors that had led to the earlier refusal of a stay remained essentially unchanged, the mere commencement and pendency of French proceedings did not itself justify a stay, and the NSW proceedings were close to hearing after a cause of action arising in 2011 and proceedings commenced in 2015.

Jurisdiction
Australia
Judgment Date
08 August 2019
Procedural Posture
Notice of Motion by the Defendant Seeking a Stay of Proceedings Pending the Outcome of Proceedings Before the Tribunal De Grande Instance of Toulouse in France / Pre Trial Motion; Proceedings Listed for Hearing Commencing 21 October 2019
Outcome
The defendant's notice of motion seeking a stay of proceedings was dismissed.
Legal Topics
['stay of Proceedings' 'clearly Inappropriate Forum' 'parallel Foreign Proceedings' 'forum Non Conveniens' 'medical Negligence Arising From Surgery in France']
['practice and Procedure' 'private International Law' 'negligence'] ['stay of Proceedings' 'clearly Inappropriate Forum' 'parallel Foreign Proceedings' 'forum Non Conveniens' 'medical Negligence Arising From Surgery in France']

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Procedural Posture

Notice of Motion by the Defendant Seeking a Stay of Proceedings Pending the Outcome of Proceedings Before the Tribunal De Grande Instance of Toulouse in France / Pre Trial Motion; Proceedings Listed for Hearing Commencing 21 October 2019

Legal Issues

  1. 1 ['Whether the proceedings in the Supreme Court of New South Wales should be stayed pending determination of proceedings commenced by the defendant in France.' 'Whether the pendency of proceedings before the Tribunal De Grande Instance of Toulouse rendered this Court a clearly inappropriate forum.' 'Whether discretionary factors considered in the earlier stay application had materially changed.']

Ratio Decidendi

The defendant failed to show that this Court was a clearly inappropriate forum. The relevant discretionary factors that had led to the earlier refusal of a stay remained essentially unchanged, the mere commencement and pendency of French proceedings did not itself justify a stay, and the NSW proceedings were close to hearing after a cause of action arising in 2011 and proceedings commenced in 2015.

Court Disposition

The defendant's notice of motion seeking a stay of proceedings was dismissed.

Orders

  • ['The notice of motion filed by the defendant seeking a stay of proceedings is dismissed.' "The defendant is to pay the plaintiff's costs of the motion as agreed or assessed." 'The hearing date of 21 October 2019 is confirmed.' 'The proceedings are listed for further directions before me on 22 August 2019 at 9.30 am.']