Amaca Pty Limited v Cecilia Morrison [2013] NSWSC 1706

Supreme Court New South Wales

Medium Neutral Citation: Amaca Pty Limited v Cecilia Morrison [2013] NSWSC 1706 Hearing dates: 18 November 2013 Decision date: 19 November 2013 Before: Harrison J Decision: 1. An order that proceedings no 379 of 2013 in the Dust Diseases Tribunal of NSW be removed into the Common Law Division of the Supreme Court of NSW pursuant to s 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 and, or alternatively, pursuant to Part 9 of the Civil Procedure Act 2005 and Part 44, Division 2 of the Uniform Civil Procedure Rules 2005. 2. An order that the proceedings referred to in paragraph 1 above be transferred to the Supreme Court of Queensland pursuant to section 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987. Catchwords: CROSS VESTING - Jurisdiction of Courts (Cross-Vesting) Act 1987 - s 5(2)(b)(iii) and s 8(1)(a) - application for proceedings pending in the Dust Diseases Tribunal of New South Wales to be removed into the Common Law Division of the Supreme Court of New South Wales and when removed to this Court to be transferred to the Supreme Court of Queensland - whether it is in the "interests of justice" under s 5(2)(b)(iii) for proceedings to be transferred to the Supreme Court of another state - whether Queensland is the forum with the most real and substantial connection to the proceedings - whether transfer would cause delay - whether transfer will create additional costs - whether the Dust Diseases Tribunal provides experiential and procedural advantages Legislation Cited: Dust and Diseases Tribunal Regulation 2007 Jurisdiction of Courts (Cross-Vesting) Act 1987 Cases Cited: B I (Contracting) Pty Limited v Haylock [2005] NSWSC 592 Bale v Seltsam Pty Ltd [1996] HCAtrans 470 British American Tobacco Australia Services Limited v Laurie [2009] NSWSC 83 James Hardie & Coy Pty Ltd v Barry [2000] NSWCA 353; (2000) 50 NSWLR 357 Joyce Barbara Bale v Seltsam Pty Ltd [1996] QCA 288 Category: Principal judgment Parties: Amaca Pty Limited (Plaintiff) Cecilia Maria Morrison as litigation guardian for Lorna Violet Stevens (First Defendant) Seltsam Pty Limited (Second Defendant) Representation: Counsel: J Sheller (Plaintiff) D J Russell SC with A Giurtalis (First Defendant) Solicitors: DLA Piper (Plaintiff) Maurice Blackburn (First Defendant) Colin Biggers & Paisley (Second Defendant) File Number(s): 2013/345902 Publication restriction: Nil