Cervellin v Russo & Suncorp Metway Insurance Ltd [2006] QSC 175

State Reporting Bureau [aoce] &sc i?s~ Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date: 6 June, 2006 Claim No 72 of 2006 ELICHIA MAREE CERVELLIN Plaintiff and VICTOR ANTHONY RUSSO and SUNCROP METWAY INSURANCE LIMITED Defendants CAIRNS ..DATE 26/05/2006 JUDGMENT WARNING : The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 2 -- 1 26052006 D.l T17/KSJ M/T CNS3/2006 (Jones J) HIS HONOUR: Well, I really think the action, and the way in which it is intended to be run, has a great deal more association with Townsville. Frankly, Mr Morzone, with counsel and one set of solicitors in Townsville, the plaintiff and carer in Townsville, the other witnesses who have to 10 travel from Fiji could easily get to Townsville and there just seems to be no inconvenience for lawyers or parties to conduct the trial in Townsville. That being the case, I will exercise my discretion and move 2f the trial to Townsville. I only have limited knowledge of the state of the list there, but I expect that there would be certainly as an expeditious hearing in Townsville and perhaps the prospect of an earlier conclusion of the trial in Townsville than there would be in Cairns. 30 Weighing those matters up, I will accede to the application and order that the action be transferred to the Townsville Registry. Now, costs, I suppose, should follow the event. HIS HONOUR: I will order that the respondent to the application pay the costs of and incidental to the application to be assessed on the standard basis. 50 2 JUDGMENT -- 2 of 2 --