Woolworths Limited v Walker [2012] NSWSC 914

Supreme Court New South Wales

Medium Neutral Citation: Woolworths Limited v Walker [2012] NSWSC 914 Hearing dates: 8 August 2012 Decision date: 09 August 2012 Before: Johnson J Decision: The Summons filed 27 July 2012 is dismissed. Woolworths Limited is ordered to pay Mr Walkers' costs of the Summons, excluding the costs of the appearances before the Registrar and Johnson J on 6 August 2012. Catchwords: PROCEDURE - cross-vesting application - slip and fall incident in Wodonga - proceedings commenced in District Court at Albury - application for transfer of proceedings to Victoria - whether transfer "in the interests of justice" - application for transfer refused Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 Wrongs Act 1958 (Vic) Occupational Health and Safety Act 2004 (Vic) Service and Execution of Process Act 1992 (Cth) Evidence Act 1995 (NSW) Evidence Act 2008 (Vic) Cases Cited: BHP Billiton Limited v Schultz [2004] HCA 61; 221 CLR 400 Texts Cited: --- Category: Principal judgment Parties: Woolworths Limited (Plaintiff) John Robert Walker (Defendant) Representation: Counsel: Mr DI Richards (Plaintiff) Mr MN Hammond (Defendant) Solicitors: Herbert Geer (Plaintiff) Slater & Gordon (Defendant) File Number(s): 2012/234687 Publication restriction: ---

Judgment 1JOHNSON J: By Summons filed 27 July 2012, the Plaintiff, Woolworths Limited ("Woolworths") makes application for transfer to Victoria under the Jurisdiction of Courts (Cross-Vesting) Act 1987 ("the Cross-Vesting Act") of civil proceedings commenced in the District Court of New South Wales by the Defendant, John Robert Walker.