Ryan v McDonalds Australia Ltd [2017] NSWSC 1508

Supreme Court New South Wales

Medium Neutral Citation: Ryan v McDonalds Australia Ltd [2017] NSWSC 1508 Hearing dates: 6 October 2017 Date of orders: 06 October 2017 Decision date: 08 November 2017 Jurisdiction: Common Law Before: Lonergan J Decision: (1) District Court Proceedings No 2002/95072 be transferred to the Supreme Court pursuant to s 140(1) of the Civil Procedure Act.

(2) Costs are reserved. Catchwords: CIVIL PROCEDURE – transfer of proceedings – transfer from District Court to Supreme Court – jurisdictional limit – where Respondent's maximum estimate will likely exceed jurisdictional limit Legislation Cited: Civil Procedure Act 2005 (NSW) s 140 Cases Cited: Cubrilo v Veljovic [2015] NSWSC 367 Younes v QIC Ltd t/as Westpoint Blacktown [2012] NSWSC 451 Category: Procedural and other rulings Parties: Shannon Anne Ryan (Plaintiff) McDonalds Australia Ltd (Defendant) Representation: Counsel: M Eagle (Plaintiff) M Hutchings (Defendant)

Solicitors: Pryor Tzannes & Wallis (Plaintiff) Sparke Helmore (Defendant) File Number(s): 2017/284119 Publication restriction: Nil

Judgment 1. On 6 October 2017, I made an order for transfer of these proceedings from the District Court to this Court pursuant to the Civil Procedure Act 2005 (NSW) s 140(1). Due to time constraints, I reserved my reasons for making that decision. These are my reasons. 2. The proceedings concern a head injury suffered by the Plaintiff when she was 5 years old. It is alleged that the injury occurred on 15 November 2001 when the Plaintiff slipped on greasy floor at McDonalds Caringbah and hit her face on a marble table. 3. The Plaintiff is now 21 years old. The evidence upon which she relied outlines a history of problems consistent with frontal lobe damage including severe headaches, personality change due to brain injury, severe mood swings, dysregulation of emotion, behaviour and cognition, lapses in cognitive function and resultant inability to complete her schooling and maintain employment. 4. The proceedings were commenced in March 2002. The Defendant has denied liability and pleads contributory negligence. The Defendant also declined, in its Defence, to consent to extended jurisdiction. The Defendant also, for the purposes of this application, takes the view that the proper assessment of the available expert evidence suggests a lower damages figure than that suggested by the Plaintiff. 5. The proceedings have had a very chequered history over the last 15 years, including multiple amendments to the statement of claim, the last as recent as August 2017, and repeated last minute adjournments of hearings with poor explanations. This has resulted in multiple costs orders having been made against the Plaintiff's tutor. 6. This application for transfer has necessitated the vacation of yet another hearing date which was listed for 30 October 2017 in the District Court.