Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd) v Trena Robin Johnson (as Legal Personal Representative of the Estate of the Late Ross Johnson) [2024] NSWSC 691

Supreme Court New South Wales

Medium Neutral Citation: Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd) v Trena Robin Johnson (as Legal Personal Representative of the Estate of the Late Ross Johnson) [2024] NSWSC 691 Hearing dates: 5 June 2024 Date of orders: 5 June 2024 Decision date: 05 June 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 8 of the Jurisdiction of Courts Cross-vesting Act 1987 (NSW) remove proceedings number 2023/224345 from the Dust Diseases Tribunal of New South Wales into the Common Law Division of the Supreme Court of New South Wales. (2) Under s 5(2) of the said Act, transfer the proceedings to the Supreme Court of Queensland. (3) No order as to costs with the intent that each party bear its or her own costs of the proceedings in this Court. (4) The costs of the proceedings before the Dust Diseases Tribunal of New South Wales are costs in the cause. Catchwords: CIVIL PROCEDURE – cross-vesting – transfer to another Supreme Court – relevant factors – more appropriate or convenient forum – substantive place of the tort rule – substantive connecting factors with Queensland – transfer granted Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), ss 5, 8 Cases Cited: Amaca Pty Ltd v Frost (2006) 67 NSWLR 635; [2006] NSWCA 173 Pilbara Ports Authority v Ashton [2019] NSWSC 1488 Category: Procedural rulings Parties: Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd) (Plaintiff) Trena Robin Johnson (as Legal Personal Representative of the Estate of the Late Ross Johnson) (Defendant) Representation: Counsel: J Hart (Plaintiff) I Nati (with leave) (Defendant)