Davies bhnf McRae v Body Corporate for the Phoenician [2016] NSWSC 973

Supreme Court New South Wales

Medium Neutral Citation: Davies bhnf McRae v Body Corporate for the Phoenician [2016] NSWSC 973 Hearing dates: 15 June 2016 Date of orders: 14 July 2016 Decision date: 14 July 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Note the undertaking of the defendant that should a Notice under Part 1 of the Personal Injuries Proceedings Act 2002 (QLD) be served and a declaration sought by the plaintiffs herein from the Supreme Court of Queensland to remedy its failure to comply with the time limit set by the foregoing Act, the defendant will not seek an order for its costs wasted as a result of the application; (2) Pursuant to s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), proceedings number 2016/13463 be transferred to the Supreme Court of Queensland; (3) Costs of this application and these proceedings thus far, shall be costs in the cause, as determined in the Supreme Court of Queensland. (4) The parties shall have liberty to make application within 7 days for any special or different order as to costs. Catchwords: CROSS-VESTING – tort in Queensland – personal injuries – defendant and possible cross-defendant resident in Queensland – plaintiffs and treating doctors in NSW – Queensland law different from NSW – transfer granted on undertaking from defendant that no costs sought as consequence. Legislation Cited: Civil Liability Act 2002 (NSW) Civil Liability Act 2003 (QLD) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Motor Accidents Compensation Act 1999 (NSW) Personal Injuries Proceeding Act 2002 (QLD) Cases Cited: BHP Billiton Limited v Schultz [2004] HCA 61; (2004) 221 CLR 400 British American Tobacco Australia Services Limited v Laurie [2009] NSWSC 83 Finance Facilities Pty Limited v The Commissioner of Taxation [1971] HCA 12; (1971) 127 CLR 106 Hamilton v Merck & Co Inc; Hutchinson v Merck Sharp and Dohme (Australia) Pty Ltd [2006] NSWCA 55; (2006) 66 NSWLR 48 John Pfeiffer Pty Ltd v Rogerson [2000] HCA 36; (2000) 203 CLR 503 Kok v Sheppard [2009] NSWSC 1262 Pozniak v Smith [1982] HCA 39; (1982) 151 CLR 38 Robinson v Shirley [1982] HCA 1; (1982) 149 CLR 132 Category: Procedural and other rulings Parties: Elen Louise Davies by her next friend Tracey Elen McRae (First Plaintiff/First Respondent) Tracey Elen McRae (Second Plaintiff/Second Respondent) Caillin Sarah Davies by her next friend Tracey Elen McRae (Third Plaintiff/Third Respondent) Body Corporate for the Phoenician CTS 27745 (Defendant/Applicant) Representation: Counsel: T Meakes (First, Second and Third Plaintiffs/First, Second and Third Respondents) P A Horvath (Defendant/Applicant)