Emily Jade Rose Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited [2018] NSWSC 208

Supreme Court New South Wales

Medium Neutral Citation: Emily Jade Rose Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited [2018] NSWSC 208 Hearing dates: 16 February 2018 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Common Law Before: Hamill J Decision: (1) Application for transfer of the proceedings to the Supreme Court of the Australian Capital Territory is refused. (2) The plaintiff is to pay the costs of the defendant of and incidental to the notice of motion. (3) The trial date of 30 April 2018 is confirmed. (4) The matter is listed before the Registrar on Tuesday 6 March 2018. (5) Recommend that a trial judge be appointed as a matter of urgency to facilitate the case management of the matter and to hear any application for a change of venue, for evidence to be taken on commission or for the use of audio visual facilities Catchwords: CIVIL LAW – cross vesting – application to transfer proceedings to the ACT – where plaintiff resident in Canberra – plaintiff a paraplegic with severe disabilities – plaintiff's injury and disabilities subject of the proceedings make it difficult for her to stay in Sydney – interests of justice – relevant considerations – plaintiff's difficulties part of the interests of justice – cause of action arose in New South Wales – most witnesses resident in New South Wales – matter listed for hearing – hearing date imminent – where previous hearing date vacated – application refused Legislation Cited: Civil Liability Act 2002 (NSW) ss 5L, 60, 61 Evidence (Audio and Visual Links) Act 1998 (NSW) s 5B Evidence on Commission Act 1995 (NSW) s 20 Jurisdiction of Courts (Cross Vesting) Act 1987 s 5(2) Supreme Court Act 1933 (ACT) s 18 Supreme Court Act 1970 (NSW) s 23 Interpretation Act 1987 (NSW) s 12 Cases Cited: Aon Risk Services Australia Limited v ANU (2009) 239 CLR 175; HCA 27. Australian Consolidated Investment Limited v Westpac Banking Corporation (1991) 5 ACSR 233. Bankinvest AG v Seabrook (1988) 14 NSWLR 711. BHP Billiton v Schultz and Ors (2004) 221 CLR 400. Brydon v Australian Rail Track Corporation Limited [2015] NSWSC 722. Pozniak v Smith (1982) 151 CLR 38; HCA 39. Tapp v Australian Bushman's Camp Drafting Rodeo Association Ltd [2017] NSWSC 979. Category: Procedural and other rulings Parties: Emily Jade Rose Tapp (Plaintiff) Australian Bushmen's Campdraft & Rodeo Association Limited (Defendant) Representation: Counsel: Mr A J Bartley SC with Ms K Oldfield (Plaintiff) Mr G M Watson SC with Mr D A Lloyd (Defendant)