NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Fertility Australia Pty Ltd & Ors v Wendy Read & Charles Goble [2024] NSWSC 420 Hearing dates: 17 April 2024 Date of orders: 17 April 2024 Decision date: 19 April 2024 Jurisdiction: Common Law Before: Hamill J Decision: 1. An order pursuant to s 8(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) ("the Act"), that proceedings numbered 2023/00339019 ("the Proceedings") be removed from the District Court of New South Wales at Newcastle to the Supreme Court of New South Wales for the purposes of consideration of an application under s 5 of the Act.
2. An order pursuant to s 5(2) of the Act that the Proceedings be transferred from the Supreme Court of New South Wales to the Common Law Division of the Supreme Court of Victoria.
3. Costs are reserved. Catchwords: CIVIL LAW – cross-vesting – class action in Victoria – proceedings in negligence arising out of novel procedures in the course of IVF treatment – similar issues raised in proceedings in NSW District Court – whether appropriate to remove District Court proceedings to this Court – whether proceedings in each state related to each other – whether more appropriate proceedings be dealt with by the Supreme Court of Victoria – remote duty list – notice of motion in the midst of duty list – colour and movement – misericordious development – consent! – alas, not a consent jurisdiction – thorough and helpful submissions – matter transferred to Victoria Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), s 5, 5(2), 5(2)(i), 5(2)(ii), 8, 8(1) Competition and Consumer Act 2010 (Cth), sch 2 ss 60, 61, 272 Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 Comino v Kremetis & Anor (2023) 110 NSWLR 224; [2023] NSWSC 32 Category: Procedural rulings Parties: Fertility Australia Pty Ltd & Ors (Plaintiffs) Wendy Read (First Defendant) Charles Goble (Second Defendant) Representation: Counsel: Lindy Barrett (Plaintiffs)
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