Akister v Brennan & Clarke & Ors [1999] QSC 298

37103 State Reporting TRANSCRIPT OF PROCEEDINGS Copyright in this transcript is vested in the Crown. Copies thereof ml;lst not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J No 22 of 1999 PAUL SCOTT AKISTER and WAYNE BRENNAN and MS GAYLE CLARKE STAR TRAVEL PTY LTD CENTRAL SHOPPING CENTRE GREATER CAIRNS RADIO PTY LTD trading as RADIO 4CA CAIRNS .. DATE 06/09/99 JUDGMENT " II""!,, Till' Law COllrts. (;(,.,rge SIred, Brish:llIc, Q. ··1000 REVISED COPIES ISSUED State Reporting Bureau Date <) /:1 /~9 Applicant First Respondent Second Respondent Third Respondent Fourth Respondent Telepholle: (1)7) .1247 ·UIiO Fax: (07) J2·0 5.5.12 -- 1 of 3 -- , , 060999 D.1 T7/BJL M/T CN~794/99 (Jones J) RIS HONOUR: This is an application made pursuant to section ' 82 of the District Court Act to remove an action commenced in the District Court at Cairns into the Supreme Court. The plaintiff was injured on or about 27 September 1997 and as a result of which he sustained injuries to his neck and leg. 10 The basis upon which the case is sought ~o be transferred to the Supreme Court is that investigations undertaken since the institution of the District Court plaint on 4 December 1997 have indicated that the plaintiff's economic loss will be much more significant than first thought. Exhibited to the affidavit of Ms Sladen is a report of oVincents, Forensic Accountants, which indicate the combined future economic loss of the plaintiff and his associated 30 company, who has been added as a plaintiff in the action, lies between $236,000 and $383,000. This very significant claim for lost earning capacity, if proven, would clearly place the matter outside the jurisdictional monetary limit of the District Court. 40 That being the nature of the plaintiff's claim, it is necessary that the matter be transferred to the Supreme Court, and I so order. 50 HIS HONOUR: My orders will be that the action in the District Court at Cairns number 272 of 1997 be transferred to the supreme Court at Cairns. That the costs incurred in the 60 2 JUDGMENT -- 2 of 3 -- 060999 D.l T7/BJL M/T CNS794/99 (Jones J) pi strict Court, prior to this order, will be costs in the cause. I reserve the question of costs of and incidental to the application to the trial Judge. 3 JUDGMENT 10 20 30 40 50 60 -- 3 of 3 --