AMACA PTY LIMITED v MUNDY & ORS [2008] NSWSC 604

New South Wales Supreme Court

CITATION : AMACA PTY LIMITED v MUNDY & ORS [2008] NSWSC 604

HEARING DATE(S) : Thursday 5 June 2008

JUDGMENT DATE : 16 June 2008

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : Proceedings commenced in the Dust Diseases Tribunal (NSW) to be transferred to the Supreme Court of South Australia - orders in terms of paragraphs 3 and 4 of the summons filed on 5 June 2008 for the transfer of the proceedings to the Supreme Court of South Australia. Stay in relation to paragraph 4 of the summons for 28 days from 13 June 2008.

CATCHWORDS : Application to cross-vest proceedings in the nature of asbestos litigation by second defendant, as alleged asbestos manufacturer, to the proceedings in the Dust Diseases Tribunal of NSW to the Supreme Court of South Australia – new legislation in South Australia – Dust Diseases Act 2005 (SA) – establishes specialist jurisdiction in the District Court of South Australia – whether order for transfer of proceedings may be made under s.5(2)(b)(iii), Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) – whether the proceedings can be said to be "in interests of justice that the relevant proceeding be determined by the Supreme Court of another State …" when transfer to District Court anticipated – whether Supreme Court of South Australia the "natural" forum – connecting factors – preponderance of factors favour Supreme Court of South Australia – interests of justice – issue of substantial delay – whether material prejudice – proceedings should be transferred.

District Court Act 1991 (SA) Dust Diseases Act 2005 (SA) Dust Diseases Tribunal Act 1989 (NSW) LEGISLATION CITED : Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005 (NSW) Electricity Trust of South Australia Act 1946 (SA) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) Service and Execution of Process Act 1912 (Cth)