Laing v Jones

Laing v Jones involved a dispute between the plaintiff, Laing, and the second defendant, Jones, in the Supreme Court of Queensland. The plaintiff commenced a claim in the far northern registry of the Supreme Court, despite having no connection with the far northern region. The second defendant filed an application to transfer the proceeding from the far northern registry to the southern registry of Brisbane. The plaintiff resides on the Sunshine Coast and engaged solicitors in the northern region. At least two lay witnesses who live in the southern region will be called by the second defendant. The liability was admitted, and the issue at trial was quantum. The court had to determine whether the proceedings should be transferred to the southern registry of Brisbane.

The legal issues in this case were whether the proceedings should be transferred to the southern registry of Brisbane and whether the plaintiff's application to dispense with the requirement for the second defendant’s signature on the request for trial date should be granted. The court considered the convenience of the witnesses, the location of the parties, and the need for an efficient trial process. The court also examined the procedural requirements for setting down a trial date.

The court dismissed the application for transfer, finding that the matter should remain in the far northern registry of the Supreme Court. The court noted that the plaintiff's residence and the location of the solicitors were not sufficient grounds for a transfer, and the witnesses' location did not warrant a transfer to the southern registry. The court also dismissed the application to dispense with the requirement for the second defendant’s signature on the request for trial date, as the second defendant had indicated they would sign the request. The court ordered that the matter be listed for trial on 27 February 2023 for three days with one day reserve, and that the trial would proceed in accordance with the court's standard trial directions. The second defendant was ordered to pay the plaintiff's costs on the standard basis for the dismissed application for transfer, and the plaintiff was ordered to pay the second defendant's costs on the standard basis for the dismissed application to dispense with signing the request for trial date.