Robinson v Studorp [2013] QSC 238

 

PRIVATE INTERNATIONAL LAW – RESTRAINT OF PROCEEDINGS – OF LOCAL PROCEEDINGS: CLEARLY INAPPROPRIATE FORUM – GENERALLY – where the plaintiff claims damages for personal injuries caused by the defendant’s negligence in New Zealand – where the defendant filed an application to stay the proceeding pursuant to Uniform Civil Procedure Rule 1999 (Qld), r 16 – where the plaintiff is a resident of and has previously brought a similar proceeding in New South Wales – where the parties agree that the lex causae is the law of New Zealand – where the Trans-Tasman Proceedings Act 2010 (Cth) will affect the procedure of the trial – whether this Court is a “clearly inappropriate forum” – whether a stay of proceeding should be allowed

 

Upheld on appeal: Studorp Limited v Robinson [2014] QCA 174

 

David Cormack – Brisbane Barrister

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