Studorp Ltd v Lance John Robinson [2012] NSWSC 148

Supreme Court New South Wales

Medium Neutral Citation: Studorp Ltd v Lance John Robinson [2012] NSWSC 148 Hearing dates: 24 February 2012 Decision date: 01 March 2012 Jurisdiction: Common Law Before: Adamson J Decision: (1) Set aside service of the defendant's statement of claim filed in the Dust Diseases Tribunal, proceedings No. DDT 96 of 2011 (the DDT Statement of Claim). (2) Declare that the Dust Diseases Tribunal has no power to hear or decide proceedings No. DDT 96 of 2011. (3) Declare that the Dust Diseases Tribunal is not a clearly inappropriate forum for the determination of the defendant's claim for damages against the plaintiff for damages for dust-related injuries as set out in the DDT Statement of Claim. (4) Order that, unless an application for a different order is made within seven days, each party is to pay their own costs of these proceedings. (5) Direct that, unless an application for a different form of direction is made within seven days, the defendant is to include a copy of these reasons, for the attention of the Registrar, together with any originating process in this Court in which substantially the same allegations are made as in the DDT Statement of Claim. Catchwords: PRACTICE AND PROCEDURE - whether process of the Dust Diseases Tribunal can be served outside of Australia - procedure for serving process of the Dust Diseases Tribunal outside of Australia - transfer of proceedings - distinction between the right to serve outside jurisdiction and the jurisdiction to transfer proceedings to another court PRIVATE INTERNATIONAL LAW - stay of proceedings - choice of law - whether the Dust Diseases Tribunal is an inappropriate forum - factors in favour of, and against the Dust Diseases Tribunal being an inappropriate forum Legislation Cited: Dust Diseases Tribunal Act 1989 Dust Diseases Tribunal Regulation 2007 Interpretation Act 1987 Jurisdiction of Courts (Cross-vesting) Act 1987 Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: BHP Billiton v Schultz [2004] HCA 61; 221 CLR 400 Commissioner of Stamp Duties v Permanent Trustee Co Ltd (1987) 9 NSWLR 719 James Hardie & Coy Pty Limited v Barry [2000] NSWCA 353; 50 NSWLR 357 James Hardie Industries v Grigor (1998) 45 NSWLR 20 Puttick v Tenon Limited [2008] HCA 54; 238 CLR 265 Regie Nationale des Usines Renault SA v Zhang [2002] HCA 10; 210 CLR 491 Stavar v Caltex Refineries (NSW) Pty Limited [2008] NSWDDT 22 Voth v Manildra Flour Mills [1990] HCA 55; 171 CLR 538 Category: Principal judgment Parties: Studorp Ltd - Plaintiff Lance John Robinson - Defendant Representation: G M Watson SC with J C Sheller - Plaintiff P C B Semmler QC with S Tzouganatos - Defendants DLA Piper - Plaintiff Turner Freeman - Defendant File Number(s): 2011/00372072