Harris v Seemungal-Dass

[1997] QCA 157

COURT OF APPEAL

[1997] QCA 157

FITZGERALD P
DAVIES JA

de JERSEY J

Appeal No 9893 of 1996

PAUL FELIX HARRIS	Appellant (Plaintiff)
and
CATHERINE MAREE SEEMUNGAL-DASS	Respondent (Defendant)
BRISBANE ..DATE 20/05/97
JUDGMENT

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200597 T05/LZG29 M/T COA97/97

THE PRESIDENT: This is an appeal from an order made by the Chamber Judge on 25 October 1996, that the venue of the trial of this action, which is a partnership dispute between a father and his daughter, be Rockhampton not Brisbane, the place which the appellant, the plaintiff in the action, had nominated as the venue in the writ and the statement of claim for reasons which he considered appropriate - largely, it seems, related to considerations of personal, family and professional privacy.

Appeals from such orders are to be discouraged for obvious reasons. The Chamber Judge gave no reasons for his decision, but it is apparent from the circumstance that he engaged in debate with counsel during submissions, which it is not suggested did not cover all relevant considerations, and from the notes which he made, which by consent have been placed before this Court, that he was apprised of all material factors.

There is no need for this Court to refer specifically to those factors or to discuss them. No basis has been shown for interference with the Chamber Judge's exercise of discretion which has not been demonstrated to be wrong in principle or otherwise incorrect. I would dismiss the appeal with costs to be taxed.

DAVIES JA: I agree.

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200597 T05/LZG29 M/T COA97/97

de JERSEY J: I agree.

PRESIDENT: The appeal is dismissed with costs to be taxed.

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