Scott Williams v State of Queensland [2024] NSWSC 832

Procedural Posture

Civil Procedure Application for Cross Vesting Transfer in Damages Proceedings / Hearing of Plaintiff's Motion to Transfer Proceedings to the Supreme Court of Queensland by Consent, With Costs in Dispute

Legal Issues

1. 1 ['Whether the proceedings should be transferred to the Supreme Court of Queensland under s 5 of the Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW).' 'Whether the State should receive its costs of the proceedings to date as costs thrown away, despite the transfer order being made by consent.']

Ratio Decidendi

Because the claimed tort occurred in Queensland, the relevant documents and many witnesses were located there, and Queensland law would have to be applied, the interests of justice required transfer to the Supreme Court of Queensland as the more appropriate forum. Although the transfer was by consent, Mr Williams had commenced proceedings in New South Wales despite the Queensland forum issue having already been raised, and the transfer represented acceptance of the State's position; the costs incurred in the New South Wales proceedings to date were therefore costs thrown away and justice required that they be borne by Mr Williams.

Court Disposition

Proceedings transferred to the Supreme Court of Queensland; Mr Williams ordered to bear the State's costs of the proceedings to date as agreed or assessed.

Orders

• ['These proceedings be transferred to the Supreme Court of Queensland, pursuant to s 5(2) of the Jurisdiction of Courts Cross-Vesting Act 1987 (NSW).' "Mr Williams bear the State's costs of these proceedings to date, as agreed or assessed."]