Cleary v Kremer [2016] NSWSC 1781 is an interlocutory decision in a claim made by a New South Wales resident against a medical practitioner specialising in cosmetic surgery, who practiced in London.

Apart from service issues, the Court was required to consider the appropriate forum for the proceedings. The defendant noted that the plaintiff’s claim was based upon acts and omissions said to have taken place in England and the majority of the evidence going to the issue of liability was to be found in England. There would necessarily be a disruption to his medical practice, and thus to the treatment of his patients, if he were required to travel to Australia for the purposes of the proceedings.

However the defendant conceded the significant juridical disadvantage to the plaintiff if the proceedings were stayed (or dismissed), given that her claim in England was now statute barred, requiring her to seek an extension of time in order to proceed.

It was determined that the NSW Supreme Court was clearly an inappropriate forum in which to deal with the matter, and that the appropriate forum is England: [71].

 

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