Miller v Jones (No 2) [2019] NSWSC 992

Supreme Court New South Wales

Medium Neutral Citation: Miller v Jones (No 2) [2019] NSWSC 992 Hearing dates: 2 August 2019 Date of orders: 08 August 2019 Decision date: 08 August 2019 Jurisdiction: Common Law Before: Bellew J Decision: 1. The notice of motion filed by the defendant seeking a stay of proceedings is dismissed. 2. The defendant is to pay the plaintiff's costs of the motion as agreed or assessed. 3. The hearing date of 21 October 2019 is confirmed. 4. The proceedings are listed for further directions before me on 22 August 2019 at 9.30 am. Catchwords: PRACTICE AND PROCEDURE – Application for stay of proceedings – Where plaintiff commenced proceedings in this Court for negligence arising out of surgical procedures conducted by the defendant in France – Where there was a previous determination that this Court was not an inappropriate forum – Where the defendant commenced proceedings in France subsequent to that determination – Where proceedings now pending in both jurisdictions – Whether the proceedings in this Court should be stayed pending the determination of the proceedings in France – Where the relevant discretionary factors leading to the previous determination remained essentially the same – Where cause of action arose in 2011 and proceedings were commenced in 2015 – Where proceedings listed for hearing in a short time – Application for a stay of proceedings dismissed Legislation Cited: Civil Procedure Code (Fr) Cases Cited: Miller v Jones [2017] NSWSC 1096 Oceanic Sun Line Special Shipping Co Inc. v Fay [1998] HCA 32; (1988) 165 CLR 197 Rocklea Spinning Mills Pty Limited v Consolidated Trading Corporation [1995] 2 VR 181 Voth v Manildra Flour Mills Pty Limited [1990] HCA 55; (1990) 171 CLR 538. Category: Procedural and other rulings Parties: Lucas Anthony Miller – Plaintiff Dr David Jones - Defendant Representation: Counsel: B Dooley SC and J Lee – Plaintiff A Bartley SC & J Layani-Ellis – Defendant