Dunn v The State of New South Wales

The matter of Dunn v The State of New South Wales involved an application by the plaintiff, Dunn, to transfer proceedings from the Supreme Court of Queensland to the Supreme Court of New South Wales. Dunn sought the transfer on the basis that several prospective lay and expert witnesses were located in both New South Wales and Queensland. The application was made at a preliminary stage in the litigation, and no defence had been filed by the defendant, the State of New South Wales. The central issue for the court was whether the transfer of the proceedings was appropriate under the relevant statutory provisions, specifically section 31 of the Supreme Court Act 1970 (Qld).

The court considered various factors in determining whether the transfer was in the interests of justice. These factors included the domicile of the plaintiff, the location of prospective witnesses, and the potential impact on the efficiency and fairness of the proceedings. The court noted that Dunn was domiciled in Queensland, which was a significant factor under the legislation. The court further considered the geographical distribution of witnesses and the fact that the application did not favour either forum, as the facts presented were neutral. The court emphasised that the application for transfer should not be granted if it would not serve the interests of justice, which includes considerations of fairness, efficiency, and the avoidance of unnecessary expense and delay.

Ultimately, the court found that the application was not in the interests of justice. The court determined that the plaintiff's domicile in Queensland, along with the neutral nature of the facts presented, weighed against transferring the proceedings to New South Wales. The court also noted that the absence of a defence at this stage of the proceedings did not significantly impact the decision. The application was dismissed, and the proceedings remained in the Supreme Court of Queensland. The court did not make any specific orders beyond dismissing the application for transfer.