Behrooz v The Commonwealth of Australia & Ors [2015] NSWSC 478

Supreme Court New South Wales

Medium Neutral Citation: Behrooz v The Commonwealth of Australia & Ors [2015] NSWSC 478 Hearing dates: 22 April 2015 Date of orders: 22 April 2015 Decision date: 22 April 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Pursuant to s 140 of the Civil Procedure Act, proceedings number 12/60573 be transferred from the District Court to the Supreme Court of New South Wales.

(2) The plaintiff pay the defendant and cross-claimant's costs of the application for transfer, except those costs of the application for transfer incurred on 27 June 2014.

(3) Each party pay their costs of the application for transfer incurred on 27 June 2014.

(4) Proceedings 12/60573 be fixed for hearing on 1 February 2016. Catchwords: Transfer of proceedings from District Court – plaintiff sues Commonwealth for psychological harm allegedly suffered while in immigration detention – no question of principle. Legislation Cited: - Civil Procedure Act 2005 – s 140 Cases Cited: - Every v Osborne [2012] NSWSC 1437 Category: Procedural and other rulings Parties: Mehran Behrooz - Plaintiff The Commonwealth of Australia – Defendant Australasian Correctional Services Pty Ltd – First Cross Defendant The Geo Group Australia Pty Ltd – Second Cross Defendant Representation: Counsel: A.C. Casselden (Plaintiff) P.S. Jones (Defendant) Ms R. Tang (Sol) (Cross Defendants)

Solicitors: Maurice Blackburn Lawyers (Plaintiff) Australian Government Solicitor (Defendant) HWL Ebsworth Lawyers (Cross Defendants) File Number(s): 2014/058698 Publication restriction: Nil