Smith & Nephew Surgical Pty Ltd v Day; Smith & Nephew Surgical Pty Ltd v Dawson [2014] NSWSC 1409

Supreme Court New South Wales

Medium Neutral Citation: Smith & Nephew Surgical Pty Ltd v Day; Smith & Nephew Surgical Pty Ltd v Dawson [2014] NSWSC 1409 Hearing dates: 14 October 2014 Decision date: 14 October 2014 Jurisdiction: Common Law Before: Davies J Decision: Orders re Day Proceedings (2014/256501): 1. An order pursuant to section 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) (the Cross-vesting Act) that District Court of NSW proceedings 318455 of 2012 (including the cross-claim in those proceedings) (the Day proceedings) be removed to the Supreme Court of NSW. 2. An order pursuant to section 5(1) of the Cross-vesting Act that the Day proceedings be transferred from the Supreme Court of NSW to the Federal Court of Australia. 3. An order that the costs of this application be costs in the cause of the Day proceedings. Orders re Dawson Proceedings (2014/256510): 1. An order pursuant to section 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) (the Cross-vesting Act) that District Court of NSW proceedings 345542 of 2012 (including the cross-claim in those proceedings) (the Dawson proceedings) be removed to the Supreme Court of NSW. 2. An order pursuant to section 5(1) of the Cross-vesting Act that the Dawson proceedings be transferred from the Supreme Court of NSW to the Federal Court of Australia. 3. An order that the costs of this application be costs in the cause of the Dawson proceedings. Catchwords: PROCEDURE - cross-vesting - three sets of proceedings, one in the Federal Court, two in the District Court - all proceedings involving similar claims regarding injury from hip replacement - commonality of treating doctors and medico-legal experts - commonality of lawyers acting for claimants and defendants - commonality of issues - interests of justice Legislation Cited: Competition and Consumer Act 2010 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: BHP Billiton Ltd v Schultz (2004) 221 CLR 400 Watson v CGU Insurance Ltd (2006) FCA 1630 Category: Interlocutory applications Parties: Parties re Day Proceedings (2014/256501): Smith & Nephew Surgical Pty Ltd (Plaintiff) Robyn Maree Day (First Defendant) Calvary Health Care Riverina Ltd (Second Defendant)