Bechtel Constructions (Australia) Pty Ltd v Muhannad Alkhattab [2016] NSWSC 1749

Supreme Court New South Wales

Medium Neutral Citation: Bechtel Constructions (Australia) Pty Ltd v Muhannad Alkhattab [2016] NSWSC 1749 Hearing dates: 6 December 2016 Date of orders: 06 December 2016 Decision date: 06 December 2016 Jurisdiction: Common Law Before: Campbell J Decision: Under s 8(1) Jurisdiction of Courts (Cross-vesting) Act 1987, proceedings numbered 2016/224328 are removed from the District Court to this Court for the purpose of the consideration of an application under s 5 of said Act. Dismiss the plaintiff's application under s 5(2) of the said Act. Under s 8(3) of the said Act, remit the proceedings to the District Court to be heard and determined by it. Plaintiff to pay the defendant's costs. Catchwords: PROCEDURE – personal injury – fly-in fly-out worker injured in QLD - application to transfer proceedings from NSW to QLD - cross-vesting - considerations in determining forum – interests of justice – no order made - no issue of principle. Legislation Cited: Civil Procedure Act 2005 (NSW) s 140 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) s 5, s 8 Workers' Compensation and Rehabilitation Act 2003 (Qld) Cases Cited: BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 James Hardie & Coy Pty Ltd v Barry (2000) 50 NSWLR 357; [2000] NSWCA 353 Lend Lease Funds Management (t/as Sunshine Plaza) v Sawaya [2014] NSWSC 262 Pierce v Metro North Hospital and Health Service [2016] NSWSC 1559 Category: Procedural and other rulings Parties: Bechtel Constructions (Australia) Pty Ltd (Plaintiff) Muhannad Alkhattab (Defendant) Representation: Counsel: B. Adam (Plaintiff) G.R. Graham (Defendant)