Barbour v Trustees of the De La Salle Brothers [2021] NSWSC 1254

Supreme Court New South Wales

Medium Neutral Citation: Barbour v Trustees of the De La Salle Brothers [2021] NSWSC 1254 Hearing dates: 29 September 2021 Date of orders: 29 September 2021 Decision date: 29 September 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: The whole of the proceedings 2021/00138855 are transferred to the Supreme Court of Queensland pursuant to s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW). Catchwords: CIVIL PROCEDURE – Cross-vesting – Transfer to the Supreme Court of Queensland Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Personal Injuries Proceedings Act 2002 (QLD) Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Limited v Schultz (2004) 221 CLR 400; [2004] HCA 61 Rowe v Queensland State Government [2021] NSWSC 133 Seven Network (Operations) Limited and Anor v Amber Harrison [2017] NSWSC 405 Category: Consequential orders Parties: Matthew Barbour (Plaintiff) Trustees of the De La Salle Brothers (Defendant) Representation: Counsel: J J Ryan (Plaintiff) M Fordham SC with C O'Neill (Defendant)

Solicitors: Koffels Solicitors and Barristers (Plaintiff) Carroll & O'Dea Lawyers (Defendant) File Number(s): 2021/138855 Publication restriction: Nil

REVISED EX TEMPORE Judgment 1. As set out in an Amended Statement of Claim filed on 21 May 2021, the plaintiff seeks damages from the defendant, the Trustees of the De La Salle Brothers, arising out of sexual assault and abuse alleged to have been perpetrated upon him by a number of persons in 1997, whilst he was a resident of the facility known as BoysTown Beaudesert in Queensland. 2. The defendant has not yet filed a defence. 3. The matter comes before me today for the hearing of a motion filed by the defendant on 5 July 2021, seeking an order that the proceedings be transferred to the Supreme Court of Queensland pursuant to s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) ("the Act"). 4. Michael Fordham SC appears with Callan O'Neill for the defendant on the application. John Ryan of counsel appears for the plaintiff. 5. The plaintiff opposes the application.