Mody v South Seas Cruises Limited & Anor [2008] NSWSC 1261

Mody v South Seas Cruises Limited & Anor [2008] NSWSC 1261

The defendants failed to show that the Supreme Court of NSW is a clearly inappropriate forum for the trial, in light of the plaintiff's ongoing injuries, required medical care in NSW, necessity of his attendance at trial, and the significant issue of assessing damages for future incapacity. Thus, the notice of motion for a stay is dismissed.

Jurisdiction
Australia
Judgment Date
18 November 2008
Procedural Posture
Notice of Motion (application for Stay) / Interlocutory Application
Outcome
Notice of motion dismissed with costs.
Legal Topics
['jurisdiction' 'forum Non Conveniens' 'assessment of Damages' 'future Incapacity']
['personal Injury' 'private International Law' 'civil Procedure'] ['jurisdiction' 'forum Non Conveniens' 'assessment of Damages' 'future Incapacity']

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Procedural Posture

Notice of Motion (application for Stay) / Interlocutory Application

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW is a clearly inappropriate forum for the trial of the proceedings' 'Whether a stay should be granted on the basis of forum non conveniens']

Ratio Decidendi

The defendants failed to show that the Supreme Court of NSW is a clearly inappropriate forum for the trial, in light of the plaintiff's ongoing injuries, required medical care in NSW, necessity of his attendance at trial, and the significant issue of assessing damages for future incapacity. Thus, the notice of motion for a stay is dismissed.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['Notice of motion dismissed with costs.' 'First defendant to file and serve a defence on or before 15 December 2008.']