Woolworths Group Limited v Anita and Lisa Tipper as Legal Personal Representatives of the Estate of the Late Alan Tipper [2020] NSWSC 1482

Supreme Court New South Wales

Medium Neutral Citation: Woolworths Group Limited v Anita and Lisa Tipper as Legal Personal Representatives of the Estate of the Late Alan Tipper [2020] NSWSC 1482 Hearing dates: 22 October 2020 Date of orders: 22 October 2020 Decision date: 22 October 2020 Jurisdiction: Common Law Before: Johnson J Decision: Refer to [21] Catchwords: PRACTICE AND PROCEDURE – proceedings commenced in Dust Diseases Tribunal of New South Wales for damages arising from negligence and breach of contract – application to cross-vest proceedings to Supreme Court of Queensland under ss.5 and 8 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) – whether transfer of proceedings to Queensland in the interests of justice – where all connecting factors relate to Queensland – transfer application allowed Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 British American Tobacco Australia Services Limited v Laurie [2009] NSWSC 83 James Hardie & Coy Pty Ltd v Barry (2000) 50 NSWLR 357; [2000] NSWCA 353 Texts Cited: --- Category: Principal judgment Parties: Woolworths Group Limited (Plaintiff) Anita and Lisa Ann Tipper as Legal Personal Representatives of the Estate of the Late Alan Tipper (Defendant) Representation: Counsel: Ms JA Hillier (Plaintiff) Mr S Tzouganatos (Defendant)

Solicitors: Ashurst Australia (Plaintiff) vbr Lawyers (Defendant) File Number(s): 2020/290139 Publication restriction: ___