Seltsam Pty Limited v Maxwell Robert Fritz [2019] NSWSC 725

Supreme Court New South Wales

Medium Neutral Citation: Seltsam Pty Limited v Maxwell Robert Fritz [2019] NSWSC 725 Hearing dates: 11 June 2019 Date of orders: 11 June 2019 Decision date: 11 June 2019 Jurisdiction: Common Law Before: Lonergan J Decision: 1. Proceedings No 123 of 2019 and 123 of 2019/1 in the Dust Diseases Tribunal of NSW (DDT Proceedings) be removed from the Dust Diseases Tribunal into the Common Law Division of the Supreme Court of NSW pursuant to Section 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).

2. The proceedings referred to in paragraph 1 above be transferred to the Supreme Court of Queensland pursuant to section 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).

3. Parties bear their own costs of the application. Catchwords: CROSS VESTING – Jurisdiction of Courts (Cross-Vesting) Act 1987 – application for proceedings pending in the Dust Diseases Tribunal of New South Wales to be removed into the Common Law Division of the Supreme Court of New South Wales and when removed to this Court to be transferred to the Supreme Court of Queensland – no point of principle – consent orders made – costs Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Cases Cited: Amaca Pty Limited v Cecilia Morrison [2013] NSWSC 1706 British American Tobacco Australia Services Limited v Laurie [2009] NSWSC 83 Category: Principal judgment Parties: Seltsam Pty Limited (Plaintiff) Maxwell Robert Fritz (First Defendant) Amaca Pty Limited (formerly James Hardie & Coty Pty Limited) (Second Defendant) Representation: Counsel: Mr B Ilovski (Plaintiff)