McCormick v BP Australia & Ors [2003] NSWSC 690

New South Wales Supreme Court

CITATION : McCormick v BP Australia & Ors [2003] NSWSC 690 HEARING DATE(S) : 10 July 2003 JUDGMENT DATE : 30 July 2003 JURISDICTION: Common Law Division JUDGMENT OF : Master Malpass DECISION : I order that District Court proceedings 807 of 2001 be removed into this Court. The first defendant is to pay the costs of the Summons. The Exhibit may be returned.

CATCHWORDS : Removal from District Court - construction of amendment provisions - application to proceedings commenced prior to amendments - other sufficient reason. District Court Act 1973, s 44 (1), s 145, s 145 (2) and (3). Workers Compensation Act 1987, Pt 5 s 149, Pt 5 LEGISLATION CITED : Div 3, Sch 6 Pt 18C cl 9. Workers Compensation Legislation Further Amendment Act 2001, Sch 1, Sch 1.1 and 1.2, Sch 4. Workplace Injury Management and Workers Compensation Act 1998. CASES CITED : Nigel Watts Fashion Agencies Pty Ltd v GIO General Ltd (1994) 8 ANZ Insurance Cases 61-235. Parry v WGE Engineering [2003] NSWSC 337. Kerry Vlada McCormick (Plaintiff) v PARTIES : BP Australia Limited (First Defendant/First Cross-Claimant) Hungry Jack's Pty Limited (Second Defendant/Cross-Defendant to First Cross-Claim/Second Cross-Claimant) Royal & Sun Alliance Workers Compensation (NSW) Ltd (Cross-Defendant to Second Cross-Claim) FILE NUMBER(S) : SC 11327 of 2003 Mr G Segal (Plaintiff) COUNSEL : Mr A J McInerney (First Defendant/First Cross-Claimant) N/A (Second Defendant/Cross-Defendant to First Cross-Claim/Second Cross-Claimant) Mr P Morris (Cross-Defendant to Second Cross-Claim) Zelden Solicitors (Plaintiff) Carneys (First Defendant/First Cross-Claimant) Ebsworth & Ebsworth (Second Defendant/Cross-Defendant to First Cross-Claim/Second Cross-Claimant) SOLICITORS : Moray & Agnew (Cross-Defendant to Second Cross-Claim)