Moley v Younger [2016] NSWSC 1280

Supreme Court New South Wales

Medium Neutral Citation: Moley v Younger [2016] NSWSC 1280 Hearing dates: 12 September 2016 Decision date: 13 September 2016 Jurisdiction: Common Law Before: Button J Decision: (1) Proceedings No 2015/354084 in the District Court of New South Wales at Lismore are transferred to the Supreme Court of New South Wales. (2) Following order 1, proceedings No 2015/354084 in the District Court of New South Wales are transferred to the Supreme Court of Queensland. (3) The defendant to the summons filed 27 July 2016, Mr Lee Younger, must pay the costs of the plaintiffs, Mr Gerard Moley and Ms Orla Fox, of that summons. Catchwords: CIVIL – PROCEDURE – transfer of proceedings – application for transfer of proceedings from District Court of New South Wales to the Supreme Court of Queensland – claim for damages arising from negligence – whether transfer in the interests of justice Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW), s 140 Evidence Act 1995 (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), s 5(2)(b)(iii) Personal Injuries Proceedings Act 2002 (Qld) Cases Cited: BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 RACQ Insurance Ltd v Roebuck [2013] NSWSC 2056 Reid (by his tutor Foster) v Wright [2012] NSWSC 1149 Category: Principal judgment Parties: Gerard Martin Moley (First Plaintiff) Orla Mary Fox (Second Plaintiff) Lee Nathan Younger (Defendant) Representation: Solicitors: William Roberts Lawyers (Plaintiffs) Bourke Love (Defendant) File Number(s): 2016/226445