REGIT (NO. 2) PTY. LIMITED v. BENDYK; HANSEN FAMILY INVESTMENTS PTY. LIMITED & ANOR v. LATZ [2005] NSWSC 450

New South Wales Supreme Court

CITATION : REGIT (NO. 2) PTY. LIMITED v. BENDYK; HANSEN FAMILY INVESTMENTS PTY. LIMITED & ANOR v. LATZ [2005] NSWSC 450

HEARING DATE(S) : Monday 9 May 2005

JUDGMENT DATE : 10 May 2005

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : In matter No. 11785/05, I dismiss the summons. I order Regit (No. 2) Pty. Limited to pay Mr. Bendyk's costs of and incidental to the application. In matter No. 11786/05, I dismiss the application made pursuant to the Jursidction of Courts (Cross-Vesting) Act 1987. I order Hansen Family Investments Pty. Limited and Regit (No. 2) Pty. Limited to pay Mr. Latz's costs of and incidental to the application.

CATCHWORDS : Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) - cross vesting - Dust Diseases Tribunal - asbestos exposure - mesothelioma - specialist nature of the Tribunal - plaintiffs residents in South Australia - plaintiffs were employed in South Australia - Supreme Court of South Australia - connecting factors - natural forum - application for transfer to South Australian Supreme Court - interests of justice - evidentiary procedural powers under Dust Diseases Tribunal Act - saving time and cost.

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

BHP Billiton v. Schultz (2005) 211 ALR 523 James Hardy & Co. Pty. Limited v. Barry (2000) 50 NSWLR 357 BHP Billiton v. Utting & Anor [2005] NSWSC 260 Broken Hill Proprietary Co. Limited v. Zunic (2001) 22 NSWCCR 92 CASES CITED : Spiliadia Martime Corporation v. Cansulux Limited (1987) AC 460 Goliath Portland Cement Co. Limited v. Bengtell (1994) 33 NSWLR 414 Dawson v. Baker (1994) 120 ACTR 11 Bourke v. State Bank of New South Wales (1988) 22 FCR 378