Amaca Pty Ltd v Mortimer [2023] NSWSC 117

Supreme Court New South Wales

Medium Neutral Citation: Amaca Pty Ltd v Mortimer [2023] NSWSC 117 Hearing dates: 21 February 2023 Date of orders: 21 February 2023 Decision date: 21 February 2023 Jurisdiction: Common Law Before: Davies J Decision: By consent, the Court orders that: 1. An order pursuant to Section 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 that proceedings number 2022/182508 pending in the Dust Diseases Tribunal of New South Wales commenced by Martin Graham Mortimer (as Legal Personal Representative of the Estate of the Late Brendan John Mortimer) against Amaca Pty Limited (formerly James Hardie & Coy Limited) be removed from the Dust Diseases Tribunal into the Common Law Division of this Court. 2. An order pursuant to section 5(2)(b)(ii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 that the Dust Diseases Tribunal proceedings be transferred to the Supreme Court of Victoria. 3. Each party agrees to bear their own costs incidental to this application. Catchwords: PROCEDURE – cross-vesting – where proceedings commenced in Dust Diseases Tribunal of NSW – where lex loci dilecti of tort was in Victoria – where parties agreed that proceedings should be cross-vested to Victoria Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) ss 5, 8 Cases Cited: BHP Billiton Ltd v Schultz (2004) 221 CLR 400 Comino v Kremetis [2023] NSWSC 32 Evans Deakin Industries Pty Ltd t/as EDI RAIL v Amaca Pty Limited [2020] NSWSC 149 Texts Cited: Nil Category: Principal judgment Parties: Amaca Pty Ltd (Plaintiff) Martin Graham Mortimer (Defendant) Representation: Counsel: H Cooper (Plaintiff) Mentioned by H Cooper (Defendant)