Supreme Court
New South Wales
Medium Neutral Citation: Kloens v Builders North Pty Ltd and Anor. [2017] NSWSC 802 Hearing dates: 16 June 2017 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Common Law Before: Campbell J Decision: I dismiss the motion. The defendant is to pay the plaintiff’s costs of the motion.
Catchwords: CIVIL PROCEDURE – interlocutory application – application for transfer under s 5 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) – consideration of “the interests of justice” – where plaintiff suffered personal injury – collision with cow on roadway in course of employment – whether Supreme Court of Queensland “more appropriate” to hear the dispute – consideration of connecting factors – application dismissed
COSTS – interlocutory application – application for transfer under s 5 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) – defendant argues for costs in the cause – plaintiff argues that costs follow the event – the ordinary rule that costs follow the event appliedLegislation Cited: Judiciary Act 1983 (Cth)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
Workers' Compensation and Rehabilitation Act 2003 (Qld)Cases Cited: BHP Billiton Limited v Schultz [2004] HCA 61; (2004) 221CLR 400
John Pfeiffer Pty Limited v Rogerson [2000] HCA 36; 203 CLR 503
Pozniak v Smith [1982] HCA 39; (1982) 151CLR 38
Reid v Wright [2012] NSWSC 1149
Robinson v Shirley (1982) 149 CLR 132Category: Procedural and other rulings Parties: Peter Gerard Kloens (Plaintiff)
Builders North Pty Ltd (Defendant)Representation: Counsel: L. King SC with T. McKenzie (Plaintiff)
Solicitors: Stacks Law Firm (Plaintiff)
R. Morton (Defendant)
Hopgood Ganim Lawyers (Defendant)
File Number(s): 2016/326552 Publication restriction: Nil
EXTEMPORE JUDGMENT (Revised)
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I am deciding an application to transfer these proceedings to the Supreme Court of Queensland under the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth). The plaintiff sues the defendant, his sometime employer, for damages for personal injuries received on 15 October 2011. He was injured when the car he was driving in the course of his employment collided with a cow which had strayed onto the roadway. The accident happened on the Fitzroy Development Road some kilometres generally north of the town of Dingo in central Queensland. His injuries seem severe on the material available to me. He suffered a traumatic brain injury in conjunction with complex skull fractures. There are other injuries including a fracture of the transverse process at C7.
The issue
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The question for determination in the present case, in accordance with s 5 of the Act, is whether “it is more appropriate” that these proceedings be determined by the Supreme Court of Queensland because that is in “the interests of justice”. Although the cross-vesting scheme has been in operation in the Australian states and Territories since 1987, the principles informing the exercise of the statutory power I have referred to were settled by the High Court of Australia in BHP Billiton v Schultz (2004) 221CLR 400. That, like many of the cases since, was a dust diseases…
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- AGLC
- Kloens v Builders North Pty Ltd [2017] NSWSC 802
- Case
- [2017] NSWSC 802
- Decision Date
CaseChat Overview and Summary
The court considered the "interests of justice" as the primary consideration for the transfer of the case. The court found that the Federal Circuit Court of Australia was the appropriate forum to hear the matter, as the connecting factors did not strongly favour the Supreme Court of Queensland. In determining the costs, the court applied the ordinary rule that costs follow the event, which meant that the plaintiff was entitled to costs from the defendant.
The application for transfer was dismissed, and the plaintiff was awarded costs from the defendant on the standard basis. The court did not grant the plaintiff's request for indemnity costs. The decision confirmed that the Federal Circuit Court of Australia was the appropriate forum to hear the matter, and that the ordinary rule of costs should apply in this instance.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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