Visscher v Associated Steamships Pty Ltd

[1993] FCA 1074

JUDGMENT No. . ,S , , . . . . , . . . . . . lor4- , 13 . . . ~ . ~ ~ c ~ , s o

IN THE FEDERAL COURT OF AUSTRALIA
OUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION	No. G27 of 1993
BETWEEN:

TIMOTHY TROY VISSCHER

m:  ASSOCIATED STEAMSHIPS PTY LTD
(A.C.N. 004 588 452)

MINUTES OF ORDER

JUDGE MAKING ORDER:	Cooper J.
WNERE MADE:	Brisbane
DATE OF ORDER:	5 May, 1993
THE COURT ORDERS:-

1. That action G27 of 1993 be transferred to the Supreme Court of New South Wales (Newcastle Registry) and that the District Registrar forward the court file to the said Newcastle Registry as soon as possible.

2.                    That the costs of and incidental to the motion be the respondents to the principal proceedings costs in the proceedings.

Rules.

Note: Settlement and entry of orders is dealt with in Order 36 of the

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION	No. G27 of 1993
BETWEEN:

TIMOTHY TROY VISSCWER

A~vlicant

ASSOCIATED STEAMSHIPS PTY LTD

(A.C.N. 004 588 452)

Resvondent

CORAM:	Cooper J.
PLACE:	Brisbane
DATE:	5 May, 1993

EXTEMPORE REASONS FOR JUDGMENT

I am satisfied that the proceeding is one which ought properly to be

transferred to the Supreme Court of New South Wales at its Newcastle Registry.

The application is made by the respondent who, although having its

corporate headquarters in Victoria, has a presence in New South Wales and identifies particular reasons as to the residence of the applicant and the availability of relevant

medical and other witnesses in the Port of Newcastle as favouring that location for the further hearing of this suit.

A transfer in those circumstances would significantly reduce the costs of

the litigation which is essentially a personal injuries case involving an allegation of negligence in an employment situation on an Australian vessel at sea. There is no Queensland element in relation to the transaction, and to continue to hear and try the matter in Queensland will ultimately put the parties to additional expense in bringing

relevant witnesses to Queensland, or the court having to go to New South Wales and

hear the matter at some time in the future.

Importantly, the applicant does not oppose the making of the orders

sought although the applicant does not consent to it.

THE COURT ORDERS:-

1. That action G27 of 1993 be transferred to the Supreme Court of New

   South Wales (Newcastle Registry) and that the District Registrar forward the court file to the said Newcastle Registry as soon as possible.

   That the costs of and incidental to the motion be the respondents to the

   principal proceedings costs in the proceedings.

   I certify that this and the preceding page is a true copy of the reasons for judgment herein of his Honour Mr. Justice Cooper.

Date: 20 May, 1993 3~&.(/1 CQ11 *bJ&~-

Associate

Solicitor for the Applicant:	Mr. L. Preston of Murrell Stephenson
Solicitor for the Respondent:	Mr. M. Fisher of Thynne & Macartney