Amaca Pty Ltd v Moir [2016] NSWSC 35

Supreme Court New South Wales

Medium Neutral Citation: Amaca Pty Ltd v Moir [2016] NSWSC 35 Hearing dates: 8 February 2016 Date of orders: 08 February 2016 Decision date: 08 February 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. An order pursuant to section 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 that proceedings number 306 of 2015 pending in the Dust Diseases Tribunal of New South Wales commenced by Ronald James Moir against Amaca Pty Limited (formerly James Hardie & Coy Pty Limited) Amaba Pty Limited (formerly Hardie Ferodo Pty Limited) (the Second Plaintiff) and FMP Group (Australia) Pty Limited (formerly Bendix Mintex Pty Limited) (the Second Defendant) be removed from the Dust Diseases Tribunal into the Common Law Division of this Court.

2. An order pursuant to section 5(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 that the Dust Diseases Tribunal proceedings be transferred to the Supreme Court of Queensland.

3. That Ronald Moir's costs of the proceedings in the Dust Diseases Tribunal of New South Wales, case number 306 of 2015 be his costs in the cause in the proceedings in the Supreme Court of Queensland (or any other Queensland court where the proceedings are conducted).

4. The Ronald Moir's costs in the Dust Diseases Tribunal of New South Wales, case number 306 of 2015, to be determined in accordance with the relevant provision of the Legal Profession Act 2004 (NSW); and 5. No order as to costs in respect of these proceedings (2015/377221). Catchwords: PROCEDURE – cross-vesting - proceedings commenced in New South Wales Dust Diseases Tribunal – application to transfer to Queensland- natural forum – plaintiff domiciled in Queensland – place of tort was Queensland – matter cross-vested Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 Legal Profession Act 2004 (NSW) Cases Cited: BHP v Schultz [2004] HCA 61;(2004) 79 ALJR 348, James Hardie & Coy Pty Ltd v Barry [2000] NSWCA 353; (2000) 50 NSWLR 357 Category: Principal judgment Parties: Amaca Pty Limited (formerly James Hardie & Coy Pty Limited) (First Plaintiff) Amaba Pty Limited (formerly Hardie Ferodo & Coy Pty Limited) (Second Plaintiff) Ronald James Moir (First Defendant) FMP Group (Australia) Pty Limited (formerly Bendix Mintex Pty Limited) Second Defendant) Representation: Counsel: J Sheller (Plaintiffs) K Byrnes (First Defendant) Mentioned by J Sheller (Second Defendant)