Wallaby Grip Ltd v Key [2015] NSWSC 699

Supreme Court New South Wales

Medium Neutral Citation: Wallaby Grip Ltd v Key [2015] NSWSC 699 Hearing dates: 3 June 2015 Date of orders: 03 June 2015 Decision date: 03 June 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. Order pursuant to section 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 that proceedings number 20 of 2015 pending in the Dust Diseases Tribunal of New South Wales commenced by Mr Peter Fredrick Key against Amaca Pty Limited (under NSW administered winding up) (formerly James Hardie & Coy Pty Ltd) to which Amaca Pty Limited (under NSW administered winding up) (formerly James Hardie & Coy Pty Ltd) then filed a cross-claim, statement of cross-claim against CSR Limited, Wallaby Grip Limited, Wallaby Grip (NSW) Pty Limited (in liquidation) and Wallaby Grip (BAE) Pty Limited (in liquidation) be removed from the Dust Diseases Tribunal of New South Wales into the Common Law Division of this court;

2. Order pursuant to section 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 that the Dust Diseases Tribunal proceedings when and if removed into this court be transferred to the Supreme Court of Queensland;

3. No order as to costs to the intent that each party pay their own costs of the proceedings. Catchwords: PROCEDURE – proceedings in Dust Diseases Tribunal – settlement with injured worker – cross-claims between three defendants outstanding – application to cross-vest proceedings to Queensland – application not opposed – place of tort is Queensland – injured worker resides in Queensland – all relevant medical practitioners on Queensland – offer by Plaintiff to permit S 25(3) of the Dust Diseases Tribunal Act to be used in Queensland – proceedings removed into Supreme Court and cross-vested to Supreme Court of Queensland Legislation Cited: Dust Diseases Tribunal Act 1989 (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987 Category: Procedural and other rulings Parties: Wallaby Grip Limited (First Plaintiff) Wallaby Grip (NSW) Pty Limited (in liquidation) (Second Plaintiff) Wallaby Grip (BAE) Pty Limited (in liquidation) (Third Plaintiff) Peter Fredrick Key (First Defendant) Amaca Pty Limited (under NSW administered winding up) (formerly James Hardie & Coy Pty Ltd) (Second Defendant) CSR Limited (Third Defendant) Representation: Counsel: C Wearne (Plaintiffs) Mentioned by C Wearne (First & Second Defendants) A Konstantinidis (Third Defendant)