Koroma v Australian Capital Territory [2020] NSWSC 1450

Supreme Court New South Wales

Medium Neutral Citation: Koroma v Australian Capital Territory [2020] NSWSC 1450 Hearing dates: On the papers Date of orders: 19 October 2020 Decision date: 19 October 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) These proceedings be transferred to the Supreme Court of the Australian Capital Territory pursuant to section 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987. (2) The order that the Defendant file and serve its Defence by 18 October 2020 be vacated until such time as the matter is transferred to the ACT Supreme Court. (3) No order as to costs. Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to other Supreme Court — Transfer to Supreme Court of the Australian Capital Territory Legislation Cited: Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW), s 5 Category: Procedural and other rulings Parties: Musu Koroma (Plaintiff) Australian Capital Territory (Defendant) Representation: Solicitors: PK Simpson & Co (Plaintiff) ACT Government Solicitor (Defendant) File Number(s): 2020/217324

Judgment

Introduction 1. By statement of claim filed in this Court on 24 July 2020, Musu Koroma (the plaintiff) commenced proceedings in which she claimed damages in negligence against Canberra Health Services (the defendant). The defendant has, apparently, no separate legal personality to that of the Australian Capital Territory (the ACT). Accordingly the defendant is now referred to as the ACT. 2. By notice of motion filed on 25 September 2020, the defendant sought orders that the proceedings be transferred to the Supreme Court of the ACT pursuant to s 5(2) of the Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW) (the Act). Section 5(2) of the Act relevantly provides: 5 Transfer of proceedings … (2) Where: (a) a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Supreme Court (in this subsection referred to as the first court), and (b) it appears to the first court that: … (iii) it is otherwise in the interests of justice that the relevant proceeding be determined by the Supreme Court of another State or of a Territory, the first court shall transfer the relevant proceeding to that other Supreme Court. …"