Beckett v Lemanski

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Beckett v Lemanski

Citation:

[2019] ACTSC 322

Hearing Date:

15 November 2019

DecisionDate:

19 November 2019

Before:

Crowe AJ

Decision:

See [20]

Catchwords:

PRACTICE AND PROCEDURE – CROSS-VESTING LEGISLATION – Application to transfer to NSW Supreme Court in accordance with the Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT) – preponderance of connecting factors with NSW – uncertainty as to the ability of the parties to obtain a hearing date if the matter is cross-vested – greater certainty as to the timely completion of the matter if heard in the ACT – consideration of the interests of justice – application dismissed

Legislation Cited:

Civil Liability Act 2002 (NSW)

Compensation to Relatives Act 1987 (NSW)
Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT) s 5

Motor Accidents Compensation Act 1999 (NSW)

Cases Cited:

Bailey-Brown Southern New South Wales Local Health District [2019] ACTSC 78

Bateman v Fairfax Media Publications Pty Ltd & ors [2013] ACTSC 78, 8 ACTLR 13

Texts/material cited

District Court Amendment Bill 1997 (NSW)

New South Wales, Parliamentary Debates, Legislative Council, 26 June 1997, Second Reading Speech (The Hon. M. R. Egan)

Parties:

Raylene Beckett (First Plaintiff)

Logan Beckett By His Next Friend Raylene Beckett (Second Plaintiff)

Jarod Beckett By His Next Friend Raylene Beckett (Third Plaintiff)

Phoebe Beckett By Her Next Friend Raylene Beckett (Fourth Plaintiff)

Leslie Lemanski (First Defendant)

Transport Accident Commission of Victoria (Second Defendant)

Representation:

Counsel

J Turnbull SC (Plaintiffs)

R de Meryick (Defendants)

Solicitors

Holman Webb (Plaintiffs)

Gabbedy Milson Lee (Defendants)

File Number:

SC 406 of 2019

Crowe AJ

1. On 13 August 2016, the late Jason Beckett was driving from his home in Wamboin NSW along Sutton Road. The late Leslie Lemanski was driving his vehicle in the opposite direction. Mr Lemanski’s vehicle veered into the path of Mr Beckett’s vehicle and they collided head on. Both men died as a result of the injuries sustained in the collision.

1. Mr Beckett left a widow and three children. Two of the children have special needs and present with behavioural difficulties. Ms Becket and the children continue to live at the Wamboin property.

1. Ms Beckett in her own right and as litigation guardian for the children commenced proceedings in this Court on 25 September 2019 seeking damages resulting from the death of Mr Beckett. The defendants have admitted liability and take no issue with respect to any time limits.

1. By Application in Proceeding filed on 4 October 2019, the defendants seek an order pursuant to sub-s 5(2) of the Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT) (Cross-vesting Act) transferring the proceedings to the Supreme Court of NSW. The defendants undertake, through their counsel Mr Turnbull SC, that if the matter is transferred to that Court they will apply to have it further transferred to the District Court of NSW, for hearing at the Queanbeyan sittings of the Court.

1. The evidence before me consisted of:

(a)The affidavit of Natasha Miller, affirmed on 23 September…