Kloens v Builders North Pty Ltd and Anor. [2017] NSWSC 802

Supreme Court New South Wales

Medium Neutral Citation: Kloens v Builders North Pty Ltd and Anor. [2017] NSWSC 802 Hearing dates: 16 June 2017 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Common Law Before: Campbell J Decision: I dismiss the motion. The defendant is to pay the plaintiff's costs of the motion. Catchwords: CIVIL PROCEDURE – interlocutory application – application for transfer under s 5 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) – consideration of "the interests of justice" – where plaintiff suffered personal injury – collision with cow on roadway in course of employment – whether Supreme Court of Queensland "more appropriate" to hear the dispute – consideration of connecting factors – application dismissed

COSTS – interlocutory application – application for transfer under s 5 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) – defendant argues for costs in the cause – plaintiff argues that costs follow the event – the ordinary rule that costs follow the event applied Legislation Cited: Judiciary Act 1983 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Workers' Compensation and Rehabilitation Act 2003 (Qld) Cases Cited: BHP Billiton Limited v Schultz [2004] HCA 61; (2004) 221CLR 400 John Pfeiffer Pty Limited v Rogerson [2000] HCA 36; 203 CLR 503 Pozniak v Smith [1982] HCA 39; (1982) 151CLR 38 Reid v Wright [2012] NSWSC 1149 Robinson v Shirley (1982) 149 CLR 132 Category: Procedural and other rulings Parties: Peter Gerard Kloens (Plaintiff) Builders North Pty Ltd (Defendant) Representation: Counsel: L. King SC with T. McKenzie (Plaintiff) R. Morton (Defendant)