Kloens v Builders North Pty Ltd and Anor. [2017] NSWSC 802

Kloens v Builders North Pty Ltd and Anor. [2017] NSWSC 802

Despite more connecting factors with Queensland, the plaintiff’s severe injuries, residence, financial situation, and key witnesses and medical practitioners being in New South Wales make the Supreme Court of New South Wales the more appropriate forum in the interests of justice; application for transfer is dismissed; costs follow the event.

Parties
Plaintiff: Peter Gerard Kloens; Defendant: Builders North Pty Ltd
Jurisdiction
Australia
Judgment Date
16 June 2017
Procedural Posture
Interlocutory Application / Application for Transfer Between Supreme Courts Under S 5 Jurisdiction of Courts (cross Vesting) Act 1987 (cth)
Outcome
Application for transfer dismissed; costs ordered as per general rule.
Legal Topics
Interlocutory Application, Jurisdiction Transfer, Interests of Justice, Costs
Civil Procedure Personal Injury Interlocutory Application Jurisdiction Transfer Interests of Justice Costs

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 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Peter Gerard Kloens

Plaintiff

Builders North Pty Ltd

Defendant

Procedural Posture

Interlocutory Application / Application for Transfer Between Supreme Courts Under S 5 Jurisdiction of Courts (cross Vesting) Act 1987 (cth)

Legal Issues

  1. 1 Whether it is more appropriate that the proceedings be determined by the Supreme Court of Queensland under s 5 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
  2. 2 Assessment of connecting factors with New South Wales and Queensland
  3. 3 Appropriate forum in the interests of justice

Ratio Decidendi

Despite more connecting factors with Queensland, the plaintiff’s severe injuries, residence, financial situation, and key witnesses and medical practitioners being in New South Wales make the Supreme Court of New South Wales the more appropriate forum in the interests of justice; application for transfer is dismissed; costs follow the event.

Court Disposition

Application for transfer dismissed; costs ordered as per general rule.

Orders

  • I dismiss the motion.
  • The defendant is to pay the plaintiff's costs of the motion.