DPSPL Pty Limited v Comcare t/as HWL Ebsworth Lawyers [2011] NSWSC 814

Supreme Court New South Wales

Medium Neutral Citation: DPSPL Pty Limited v Comcare t/as HWL Ebsworth Lawyers [2011] NSWSC 814 Hearing dates: 22 July 2011 Decision date: 22 July 2011 Jurisdiction: Civil Before: Adams J Decision: 1. Application refused. 2. Summons dismissed with costs. Catchwords: CROSS-VESTING APPLICATION - proceedings commenced in Dust Diseases Tribunal - worker suffering from asbestosis - injury suffered in Queensland - witness in Queensland - Queensland law applicable -defendants and cross-defendants participated in contribution assessments procedure - Contribution Assessment Determination as between defendant and cross-defendants - worker and defendant in Tribunal Proceedings reached settlement - defendant relied on effect of Contribution Assessment Determination - application by cross-defendants to transfer proceedings to Supreme Court of Queensland made without prior notice - natural forum Queensland - Queensland natural forum but interests of justice prevent cross-vesting - application to transfer refused. Legislation Cited: Dust Diseases Tribunal Act 1989 Dust Diseases Tribunal Regulation 2007 Jurisdiction of Courts (Cross-Vesting) Act 1987 Cases Cited: Amaca Pty Ltd v Harris [2005] NSWSC 622 BHP Billiton Ltd v Schultz and Ors [2004] HCA 61; (2004) 221 CLR 400 BHP Billiton Ltd v Stephens [2011] NSWSC 675 Bonser v Melnacis & Anor [2000] QCA 13 Cardross Pty Ltd v Comcare (unreported NSWSC 25 July 2008) QBE Insurance (Australia) Limited v Wallaby Grip Limited [2007] NSWCA 43 Category: Principal judgment Parties: DPSPL Pty Limited (Plaintiff) Comcare t/as HWL Ebsworth Lawyers (Defendant) Representation: Counsel A. Giurtalis (Plaintiffs) M. J. O'Meara (Defendant) Solicitors Bruce Thomas Lawyers (Plaintiffs) HWL Ebsworth Lawyers (Defendant) File Number(s): 2011/176876