State of Queensland v Moon [2014] NSWSC 1698

Supreme Court New South Wales

Medium Neutral Citation: State of Queensland v Moon [2014] NSWSC 1698 Hearing dates: 24 November 2014 Decision date: 28 November 2014 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 9 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) ("the Act"), proceedings No 2011/117253 pending in the District Court of New South Wales between Rachel Moon as Plaintiff and State of Queensland as Defendant be removed to the Common Law Division of this Court. (2) Pursuant to s 5(2)(b) of the Act, the District Court proceedings, when removed into this Court, are to be transferred to the Supreme Court of Queensland. (3) The Defendant in this Court, Ms Moon, must pay the costs of the Plaintiff in this Court, the State of Queensland. Catchwords: CIVIL LAW - medical negligence - application for proceedings commenced in the District Court of NSW to be transferred to the Supreme Court of Queensland - identification of the more appropriate forum for proceedings Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), ss 5(2)(b), 8 Uniform Civil Procedure Rules 2005 (NSW), r 44.5 Cases Cited: British American Tobacco Australia Services Ltd v Laurie [2009] NSWSC 83 James Hardie & Co v Barry [2000] NSWCA 353; 50 NSWLR 357 Nicholls & Ors v Brisbane Slipways and Engineering P/L [2003] QSC 193 Category: Interlocutory applications Parties: State of Queensland (Plaintiff) Rachel Moon (Defendant) Representation: Counsel: S M Kettle (Plaintiff) G Gemmell (Defendant) Solicitors: Minter Ellison (Plaintiff) Bale Boshev (Defendant) File Number(s): 2014/260810