Alfonso Russo v BHP Billiton Nickel West Pty Limited & Power Step (Australia) Pty Limited [2014] NSWSC 794

Supreme Court New South Wales

Medium Neutral Citation: Alfonso Russo v BHP Billiton Nickel West Pty Limited & Power Step (Australia) Pty Limited [2014] NSWSC 794 Hearing dates: 28 May 2014 Decision date: 16 June 2014 Before: Rothman J Decision: 1. Motion dismissed; 2. The first defendant shall pay the plaintiff's and second defendant's costs of and incidental to the motion. Catchwords: CROSS-VESTING - application for transfer from NSW Supreme Court to WA Supreme Court - no present proceedings in WA - jurisdiction to transfer - intention to have matter heard in WA District Court - test still "interests of justice" even though determination in WA Supreme Court would be to transfer further to another court or tribunal - two defendants one WA based and one Queensland based - likelihood that act of negligence occurred in Queensland or involved conduct in Queensland - importance of lex loci delicti - injury occurred in WA - no real issue as to how injury occurred - balancing of law to be applied, on the one hand, being WA against overwhelming location of witnesses in NSW and QLD - application dismissed. Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Civil Liability Act 2002 (WA) Cases Cited: BHP Billiton Ltd v Harwood [2011] NSWSC 680 Puttick v Tenon Ltd [2008] HCA 54; (2008) 238 CLR 265 Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55; (1990) 171 CLR 538 Category: Interlocutory applications Parties: Alfonso Russo (Plaintiff) BHP Billiton Nickel West Pty Limited (First Defendant) Power Step (Australia) Pty Limited (Second Defendant) Representation: Counsel: David Hooke SC / Dominic Toomey (Plaintiff) David Talintyre (First Defendant) Freida Stylianou (Second Defendant) Solicitors: Beilby Poulden Costello (Plaintiff) HWL Ebsworth (First Defendant) Hicksons Lawyers (Second Defendant) File Number(s): 2013/372339 Publication restriction: None