Workers Compensation Default Insurance Fund Manager (ABN 54026845190) v Timothy John Hartnett Hutchinson as Legal Personal Representative for the Estate of the Late John Edward Hutchinson & Ors [2023] NSWSC 1005

Supreme Court New South Wales

Medium Neutral Citation: Workers Compensation Default Insurance Fund Manager (ABN 54026845190) v Timothy John Hartnett Hutchinson as Legal Personal Representative for the Estate of the Late John Edward Hutchinson & Ors [2023] NSWSC 1005 Date of orders: 22 August 2023 Decision date: 22 August 2023 Jurisdiction: Common Law Before: Cavanagh J (On the papers) Decision: (1) An order that NSW Dust Diseases Tribunal Proceedings No. 2022/362214 be transferred to the Common Law Division of the Supreme Court of New South Wales, pursuant to s 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW). (2) An order that the proceedings referred to in paragraph 1 be transferred to the Supreme Court of the Australian Capital Territory, pursuant to s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW). Catchwords: CIVIL PROCEDURE — proceedings commenced in NSW Dust Diseases Tribunal — cross vesting application — transfer to Supreme Court of NSW —transfer to ACT Supreme Court — interests of justice Legislation Cited: Workers Compensation Act 1951 (ACT), s 166 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), ss 5(2), 5(2)(b)(iii), 8, 8(b)(ii) Category: Principal judgment Parties: Workers Compensation Default Insurance Fund Manager (ABN 54026845190) (Plaintiff) Timothy John Hartnett Hutchinson as Legal Personal Representative for the Estate of the Late John Edward Hutchinson (First Defendant) Jane Cadona trading as Fyshwick Builders Suppliers (Cancelled on 15 July 2018) (Second Defendant) Amaca Pty Limited (ACN 000035512) (Third Defendant) Representation: Solicitors: MinterEllison (Plaintiff) Slater and Gordon Lawyers (First Defendant) Collaery Lawyers (Second Defendant) Mills Oakley (Third Defendant) File Number(s): 2023/144763