Cummings v Freshlodge Pty Ltd [1999] QSC 163

) ) ) , ') ./ ----- - ---- - ------- L\\{/'I9 1(,3 State 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 CHAMBERS JUDGE JONES No 21 of 1999 SUSAN KIM CUMMINGS Applicant and FRESHLODGE PTY LTD Responderit CAIRNS .. DATE 15/06/99 JUDGMENT 1 -- 1 of 3 -- ------- ------------------ 150699 D.1 T4/BJL M/T CNS510/99 (Jones J) HIS HONOUR: This is an application for the transfer from the District Court to the Supreme Court of a claim for damages lodged by Susan Kim Cum~ings. Miss Cummings suffered serious hand injury in a work-related incident in March of 1994. She was born on 17 March 1961 and was therefore 33 years of age at the time of the accid.ent and is now 38 years. 10 Since the initial incident the plaintiff has been hospitalised on numerous occasion and has undergone seven surgical procedures. As a consequence of this she has suffered a significant reduction in her capacity to earn income. The affidavit of Mr Parr sets out a compilation of damages provided by Mr Turnbull of Counsel which indicates that if at ( all accurate the assessment for damages would greatly exceed / the jurisdictional limit of the District Court. 30 In those circumstances it seems to me appropriate for the matter to be transferred to this Court. I order therefore ( that Cairns District Court plaint number 33 of 1997 be transferred to the Supreme Court at Cairns. I order that the 40 costs incurred in the District Court and the costs of and ( incidental to this application be costs in the cause. 50 60 2 JUDGMENT -- 2 of 3 -- !5U699 D.l T4/BJL M/T CNS510/99 (Jones J) \ HIS HONOUR: This is an application for the transfer from the District Court to the Supreme Court of a claim for damages lodged by Susan Kim Cummings. Miss Cummings suffered serious hand injury in a wor~elated incident in March of 1994. She was born on 17 March 1961 and was therefore 33 years of age at the time of the accident and is now 38 years. Since the initial incident the plaintiff has been hospitalised on numerous occasionsand has undergone seven surgical ) procedures. As a consequence of this she has suffered a significant reduction in her capacity to earn income. The ) affidavit of Mr Parr sets out a compilation of damages provided by Mr Turnbull of Counsel which indicates that if at all accurate the assessment for damages would greatly exceed the jurisdictional limit of the District Court. In those circumstances it seems to me appropriate for the ) matter to be transferred to this Court. I order therefore that Cairns District Court plaint number 33 of 1997 be transferred to the Supreme Court at Cairns. I order that the ) . costs incurred in the District Court and the costs of and . incidental to this application be costs in the cause. 2 JUDGMENT 10 20 30 40 50 60 -- 3 of 3 --