NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Desmond v ACT Health t/as The Canberra Hospital [2017] NSWDC 263 Hearing dates: 23 June 2017 Date of orders: 23 June 2017 Decision date: 23 June 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: Application dismissed Catchwords: CIVIL – PROCEDURE – PRIVATE INTERNATIONAL LAW – FORUM NON CONVENIENS – Application under Service and Execution of Process Act 1992 (Cth) – Allegation of medical negligence committed in ACT – Whether applicant defendant discharges onus of proof Legislation Cited: Civil Law (Wrongs) 2002 (ACT) Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Service and Execution of Process Act 1992 (Cth) Workers Compensation Act 1987 (NSW) Cases Cited: BHP Billiton Limited v Schultz [2004] HCA 61; (2004) 221 CLR 400 Genworth Financial Mortgage Insurance Pty Ltd v Herriots (Cairns) Pty Ltd [2015] NSWDC 139; (2015) 20 DCLR NSW 263 Julia Farr Services Incorporated v Hayes [2003] NSWCA 37; (2003) 25 NSWCCR 138 Category: Procedural and other rulings Parties: Danielle Desmond (Plaintiff) ACT Health t/as The Canberra Hospital (Defendant) Representation: Counsel: Mr L Abboud (Plaintiff) Ms V Thomas (Defendant)
Solicitors: Gerard Malouf & Partners (Plaintiff) Crown Solicitors Office (Defendant) File Number(s): 2017/100168 Publication restriction: Address of plaintiff withheld
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