Amaca Pty Limited v Metro North Hospital and Health Service [2021] NSWSC 895

Supreme Court New South Wales

Medium Neutral Citation: Amaca Pty Limited v Metro North Hospital and Health Service [2021] NSWSC 895 Hearing dates: On the papers Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Common Law Before: Lonergan J Decision: (1) That proceedings numbered 2020/179204/001 pending in the Dust Diseases Tribunal of New South Wales commenced by the plaintiff be removed to the Common Law Division of this Court pursuant to s 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth). (2) That the Dust Diseases Tribunal proceedings be transferred to the Supreme Court of Queensland pursuant to s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth). Catchwords: CROSS VESTING – Jurisdiction of Courts (Cross-Vesting) Act 1987 – application for proceedings pending in the Dust Diseases Tribunal of New South Wales to be removed into the Common Law Division of the Supreme Court of New South Wales and when removed to this Court to be transferred to be transferred to the Supreme Court of Queensland – interests of justice - consent orders made Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Cases Cited: BHP Billiton Limited v Schultz (2004) 221 CLR 400; [2004] HCA 61 James Hardie & Coy Pty Ltd v Barry (2000) 50 NSWLR 357; [2000] NSWCA 353 Category: Principal judgment Parties: Amaca Pty Limited (Plaintiff) Metro North Hospital and Health Service (First Defendant) The State of Queensland (Second Defendant) Wallaby Grip (BAE) Pty Limited (in liq) (Third Defendant) CSR Limited (Fourth Defendant) Representation: Counsel: J Sheller SC (Plaintiff)