Addison v BHP Billiton Iron Ore Pty Ltd [2017] NSWSC 1407

Supreme Court New South Wales

Medium Neutral Citation: Addison v BHP Billiton Iron Ore Pty Ltd [2017] NSWSC 1407 Hearing dates: 11 October 2017 Date of orders: 11 October 2017 Decision date: 11 October 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Dismiss the defendant's notice of motion filed 23 August 2017.

(2) Defendant to pay the plaintiff's costs of the motion. Catchwords: CROSS VESTING – plaintiff resident in New South Wales – injured while working on defendant's mine site in Western Australia – commenced proceedings in New South Wales – whether it appears that in interests of justice to transfer proceedings to Western Australia – weight attached to ensuring forum is place of tort – plaintiff's ability to access justice in Western Australia – HELD – proceedings not transferred Legislation Cited: Civil Liability Act 2002 Civil Liability Act 2002 (WA) Civil Procedure Act 2005 Dust Diseases Tribunal Act 1989 Evidence Act 1995 Judiciary Act 1903 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 Law Reform (Contributory Negligence and Tort Feasors' Contribution) Act 1947 (WA) Mines Safety and Inspection Act 1994 (WA) Occupiers' Liability Act 1985 (WA) Workers Compensation and Injury Management Act 1981 (WA) Cases Cited: BHP Billiton v Harwood [2011] NSWSC 680 BHP Billiton Limited v Schultz (2004) 221 CLR 400; [2004] HCA 61 Rizeq v Western Australia [2017] HCA 23 Robinson v Vogelsang (No 2) [2015] NSWSC 1942 Category: Procedural and other rulings Parties: Ronald Addison (Plaintiff) BHP Billiton Iron Ore Pty Ltd (Defendant) Representation: Counsel: B Dooley SC (Plaintiff) D Talintyre, D Thomas (Defendant)