Rowe v Queensland State Government [2021] NSWSC 133

Supreme Court New South Wales

Medium Neutral Citation: Rowe v Queensland State Government [2021] NSWSC 133 Hearing dates: 10 February 2021 Date of orders: 23 February 2021 Decision date: 23 February 2021 Jurisdiction: Common Law Before: Harrison J Decision: Defendant's amended notice of motion filed on 2 November 2020 is dismissed with costs Catchwords: CROSS VESTING – tort – where plaintiff alleges sexual abuse by servants or agents of the defendant in Queensland – whether interests of justice require transfer of proceedings to the Queensland Supreme Court Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 Category: Procedural rulings Parties: Heath Rowe (Plaintiff) State of Queensland (Defendant) Representation: Counsel: D Campbell SC and D Woodbury (Plaintiff) J J Ryan (Defendant)

Solicitors: Mainstone Lawyers (Plaintiff) Crown Law (Defendant) File Number(s): 2020/00241989 Publication restriction: Nil

Judgment 1. HIS HONOUR: By its amended notice of motion filed on 2 November 2020, the State of Queensland moves the Court for an order that these proceedings be transferred to the Supreme Court of Queensland pursuant to s 5(2)(b)(ii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987. An unopposed oral application to amend the reference to s 5(2)(b)(ii) to s 5(2)(b)(iii) was made at the commencement of the hearing of the motion. 2. Section 5(2) of the Act provides as relevantly follows: (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.