Jacqueline Hartmann v Dr James Lewis Lander Harriett Desmond-Bryzak v Dr James Lewis Lander [2019] NSWSC 1351

Supreme Court New South Wales

Medium Neutral Citation: Jacqueline Hartmann v Dr James Lewis Lander Harriett Desmond-Bryzak v Dr James Lewis Lander [2019] NSWSC 1351 Hearing dates: 4 October 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Common Law Before: Bellew J Decision: In the proceedings brought by Jacqueline Hartmann against Dr James Lewis Lander, being proceedings 2018/00308708, I make the following orders:

1. Pursuant to section 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), the proceedings are transferred to the Supreme Court of Queensland.

2. Proposed orders 2, 3 and 4 of the defendant's notice of motion filed 31 May 2019 be stood over until the time of any hearing of the plaintiff's application to extend time pursuant to section 31(2) of the Limitation of Actions Act 1974 (Qld) (LAA), otherwise the notice of motion is dismissed.

3. The plaintiff to pay the defendant's costs of and incidental to the plaintiff's notice of motion filed 19 March 2019 and the defendant's notice of motion filed 31 May 2019.

4. The plaintiff's notice of motion dated 19 March 2019 is dismissed.

5. Upon transfer of these proceedings, the plaintiff consents to the amendment of the defendant's notice of motion filed 31 May 2019 to claim relief under rule 293 of the Uniform Civil Procedure Rules 1999 (Qld) rather than rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW), rule 171 of the Uniform Civil Procedure Rules 1999 (Qld) rather than rule 14.28 of the Uniform Civil Procedure Rules 2005 (NSW), and rule 280 Uniform Civil Procedure Rules 1999 (Qld) rather than rule 12.7 of the Uniform Civil Procedure Rules 2005 (NSW).