Kok v Sheppard [2009] NSWSC 1262

Kok v Sheppard [2009] NSWSC 1262

The appropriate forum for the proceedings is Queensland because the alleged negligence and the residence of all parties occurred there; procedural hurdles under Queensland law do not outweigh these connections, so the case should be transferred.

Parties
Plaintiff: Lynette Anne Kok; 1st Defendant: Dr James Sheppard; 2nd Defendant: Dr Grant Withey; 3rd Defendant: Queensland Hospital X-Ray Partnership No. 3
Jurisdiction
Australia
Judgment Date
23 November 2009
Procedural Posture
Proceedings for Medical Negligence / Defendants' Application to Transfer Proceedings to Supreme Court of Queensland
Outcome
Proceedings transferred to Supreme Court of Queensland; plaintiff to pay defendants' costs of the motion.
Legal Topics
Transfer of Proceedings, Cross Vesting, Appropriate Forum, Limitation Period, Pre Court Procedures
Procedure Medical Negligence Transfer of Proceedings Cross Vesting Appropriate Forum Limitation Period Pre Court Procedures

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 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Lynette Anne Kok

Plaintiff

Dr James Sheppard

1st Defendant

Dr Grant Withey

2nd Defendant

Queensland Hospital X-Ray Partnership No. 3

3rd Defendant

Procedural Posture

Proceedings for Medical Negligence / Defendants' Application to Transfer Proceedings to Supreme Court of Queensland

Legal Issues

  1. 1 Whether Queensland is the more appropriate forum for the proceedings
  2. 2 Whether proceedings should be transferred under s 5(2) of Jurisdiction of Courts Cross-Vesting Act
  3. 3 Effect of limitation period and pre-court procedure requirements under Queensland legislation

Ratio Decidendi

The appropriate forum for the proceedings is Queensland because the alleged negligence and the residence of all parties occurred there; procedural hurdles under Queensland law do not outweigh these connections, so the case should be transferred.

Court Disposition

Proceedings transferred to Supreme Court of Queensland; plaintiff to pay defendants' costs of the motion.

Orders

  • Supreme Court of New South Wales proceedings number 20535 of 2008 is transferred to the Supreme Court of Queensland, pursuant to s 5(2) of the Jurisdiction of Courts Cross-Vesting Act (NSW) 1987 and s 5(2) of the Jurisdiction of Courts Cross-Vesting Act (Qld) 1987.
  • The plaintiff is to pay the defendants' costs of the motion.