Wallaby Grip Limited v Maclean [2017] NSWSC 246

Supreme Court New South Wales

Medium Neutral Citation: Wallaby Grip Limited v Maclean [2017] NSWSC 246 Hearing dates: 13 March 2017 Decision date: 15 March 2017 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), Proceedings No 278 of 2016 pending in the Dust Diseases Tribunal of New South Wales commenced by Mr Lynn David Maclean against Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd) to which Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd) then filed a cross-claim, statement of cross-claim against CSR Limited, Wallaby Grip Limited, Wallaby Grip (BAE) Pty Limited (in liquidation), Wallaby Grip (NSW) Pty Limited (in liquidation), Klinger Limited, Bundaberg Walkers Engineering Ltd, Bundaberg Distilling Investments Pty Ltd and Bundaberg Sugar Group Ltd, are removed from the Dust Diseases Tribunal of New South Wales into the Common Law Division of this Court. (2) Pursuant to s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), the above proceedings are transferred to the Supreme Court of Queensland. (3) Each party is to bear its own costs. Catchwords: CIVIL – PROCEDURE – transfer of proceedings – application for transfer of proceedings from Dust Diseases Tribunal of New South Wales to Supreme Court of New South Wales and thence the Supreme Court of Queensland – whether application in the interests of justice – application granted Legislation Cited: Civil Liability Act 2002 (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), ss 5(2)(b)(iii), 8 Category: Procedural and other rulings Parties: Wallaby Grip Limited (First Plaintiff) Wallaby Grip (BAE) Pty Limited (in liquidation) (Second Plaintiff) Wallaby Grip (NSW) Pty Limited (in liquidation) (Third Plaintiff) Lynn David Maclean (First Defendant) Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd) (Second Defendant) CSR Limited (Third Defendant) Klinger Limited (Fourth Defendant) Bundaberg Walkers Engineering Ltd (Fifth Defendant) Bundaberg Distilling Investments Pty Ltd (Sixth Defendant) Bundaberg Sugar Group Ltd (Seventh Defendant) Representation: Counsel: D Russell SC (First, Second and Third Plaintiffs) F Seaton (First Defendant) D Miller (Third Defendant) J Simpkins (Fifth, Sixth and Seventh Defendants)