Agagliate v Murphy & Anor. [2000] QSC 230

1)(, <90/~ Reporting Bureau 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 Application No 58 of 2000 BRENDA ANITA AGAGLIATE and PETER JOHN MURPHY and SUNCORP GENERAL INSURANCE LTD CAIRNS .. DATE 15/05/2000 JUDGMENT . ... 1 Ila 1"1,111r, The Law Courts, (;eorgc Stred, llrish:ine, Q . .tOOO Date 0 / J-I Qt) Applicant/Plaintiff Respondent/F~rst Defendant Respondent/Second Defendant TclephotH': (07) J2.t7 .tJ(,() Fax: (07) J247 5532 -- 1 of 2 -- 15052000 D.1 T15/JFG M/T CNSJl0/2000 (Jones J) HIS HONOUR: In the matter of Agagliate and Murphy, this is an application by the plaintiff for the transfer of an action seeking damages for personal injuries to the Supreme Court. The defendant has indicated in writing that it is prepared to consent to an increase in the monetary jurisdiction of the District Court to allow the matter to remain in that Court and IO be determined there. That offer of course would lead to that hoped for result by the defendant only if the plaintiff consents. In this instance, the plaintiff does not consent and so once I am satisfied, as I am, on the material before me, that the matter of damages might exceed the jurisdictional limit of the District Court, the action must be transferred to the Supreme Court. I make that order and I will reserve the question of costs of this application for the trial Judge. 2 20 30 40 50 60 -- 2 of 2 --