Amaca Pty Limited v Brisbane City Council [2004] NSWSC 574

New South Wales Supreme Court

CITATION : Amaca Pty Limited v Brisbane City Council [2004] NSWSC 574 HEARING DATE(S) : 24/06/04 JUDGMENT DATE : 1 July 2004

JUDGMENT OF : Barr J at 1 DECISION : 1. An order pursuant to Section 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 that proceedings numbered 6104 of 2002 pending in the District Court of New South Wales between Brisbane City Council (the defendant) as plaintiff and Amaca Pty Ltd (the plaintiff) as defendant be removed into the Common Law Division of this Court; 2. An order pursuant to Section 5(2)(b) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 that the District Court proceedings when removed into this Court be transferred to the Supreme Court of Queensland; 3. The defendant must pay the plaintiff's costs.

LEGISLATION CITED : Jurisdiction of Courts (Cross-Vesting) Act 1987 NSW James Hardie & Coy Pty Limited v Barry and Anor (2000) 50 NSWLR 357 Broken Hill Proprietary Co Limited v Zunic [2001] NSWSC 561 CASES CITED : Bankinvest AG v Seabrook (1998) 14 NSWLR 711 Dawson v Baker (1994) 120 ACTR 11 Goliath Portland Cement Co Ltd v Bengtell (1994) 33 NSWLR 414 PARTIES : Amaca Pty Limited (formerly known as James Hardie & Coy Pty Limited) v Brisbane City Council FILE NUMBER(S) : SC 11059/03 COUNSEL : Plaintiff: J Gleeson SC/J Sheller Defendant: J Sharpe SOLICITORS : Plaintiff: McInnes Wilson Defendant: Turner Freeman

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION GRAHAM BARR J

Thursday, 1 July 2004

11059/03 AMACA PTY LIMITED (FORMERLY KNOWN AS JAMES HARDIE & COY PTY LIMITED) v BRISBANE CITY COUNCIL