AMACA PTY. LIMITED v. HARRIS [2005] NSWSC 622

New South Wales Supreme Court

CITATION : AMACA PTY. LIMITED v. HARRIS [2005] NSWSC 622

HEARING DATE(S) : Monday 20 June 2005

JUDGMENT DATE : 28 June 2005

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : Application dismissed. The applicant is to pay the defendant's costs of the motion.

Jurisdiction of Courts (Cross-Vesting) Act 1987 LEGISLATION CITED : Dust Diseases Tribunal Act 1989

Bankinvest AG v. Seabrook (1988) 14 NSWLR 711 Ewins v. BHP Billiton Limited [2005] VSC 4 BHP Billiton Limited v. Schultz (2004) 79 ALJR 348 James Hardie & Co. Pty. Limited v. Barry (2000) 50 NSWLR 357 CASES CITED : Spiliada Maritime Corporation v. Cansulex Limited (1987) AC 460 Bourke v. State Bank of NSW (1988) 22 FCR 378 B I Contracting Pty. Limited v. Haylock [2005] NSWSC 592 BHP v. Zunic [2001] NSWSC 561 James Hardie & Co. Pty. Limited v. Hall, as Administrator ad litem of the Estate of Putt (deceased) (1988) BC 9802005 NSWCA

AMACA PTY. LIMITED PARTIES : v. HARRIS, Bruce John

FILE NUMBER(S) : SC No. 11927 of 2005

Plaintiff: J. Sheller COUNSEL : Defendant: J.L. Sharpe

Plaintiff: McInnes Wilson SOLICITORS : Defendant: Turner Freeman

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HALL, J.

TUESDAY 28 JUNE 2005

No. 11927 of 2005

AMACA PTY. LIMITED v. BRUCE JOHN HARRIS

JUDGMENT

1 HIS HONOUR: The plaintiff, by its summons filed on 12 May 2005 seeks orders pursuant to s.8 and s.5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 in respect of proceedings brought in the Dust Diseases Tribunal of New South Wales by the defendant, Bruce John Harris. The order pursuant to s.5(2)(b)(iii) seeks an order that the proceedings in the Dust Diseases Tribunal be transferred to the Supreme Court of Queensland. 2 The summons is supported by the affidavits of Mark Vincent Victorsen, solicitor of Brisbane, sworn 20 May 2005 and 15 June 2005 and the affidavit of Emma Kate Sheehan, solicitor, sworn 17 June 2005.