Henderson bhnf Sullivan v State of Queensland [2017] NSWSC 1313

Supreme Court New South Wales

Medium Neutral Citation: Henderson bhnf Sullivan v State of Queensland [2017] NSWSC 1313 Hearing dates: 25 September 2017 Decision date: 25 September 2017 Jurisdiction: Common Law Before: Adamson J Decision: 1. Dismiss the notice of motion filed on 19 June 2017.

2. Order that the costs of the notice of motion be costs in the cause. Catchwords: CROSS-VESTING – defendant's application for transfer to Supreme Court of Queensland – interests of justice – proper law of tort is Queensland law – potential witnesses in Queensland and northern NSW – plaintiff's solicitors in Sydney and expert witnesses in Sydney – possibility of Court sitting in Lismore to take evidence – order for transfer refused Legislation Cited: Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW), s 5 Category: Procedural and other rulings Parties: Jane Henderson bhnf Ronald Sullivan (Plaintiff) State of Queensland (Defendant) Representation: Counsel: K Burke (Defendant/Applicant) A Campbell (Plaintiff/Respondent)

Solicitors: Gerard Francis Malouf (Plaintiff) Minter Ellison (Defendant) File Number(s): 2017/88874

Judgment: EX TEMPORE

Introduction 1. By notice of motion filed on 19 June 2017, the State of Queensland (the applicant/defendant) in seeks an order that this Court transfer these proceedings pursuant to s 5(2) of the Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW) to the Supreme Court of Queensland. The plaintiff/respondent resists the notice of motion.