NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Pilbara Ports Authority v Ashton [2019] NSWSC 1488 Hearing dates: 11 September 2019 Date of orders: 30 October 2019 Decision date: 30 October 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The Amended Summons is dismissed.
(2) The plaintiff is to pay the defendant's costs. Catchwords: CIVIL PROCEDURE – Cross-vesting – whether proceedings should be transferred from NSW District Court to NSW Supreme Court to then be transferred to WA Supreme Court – Court not persuaded it is in the interests of justice to transfer the proceedings to WA – amended summons dismissed Legislation Cited: Civil Liability Act 2002 (WA) Evidence Act 1906 (WA), s 121 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), ss 5, 8 Occupational Safety and Health Act 1984 (WA) Cases Cited: Bechtel Constructions (Australia) Pty Ltd v Muhannad Alkhattab [2016] NSWSC 1749 BHP Billiton Limited v Schultz (2004) 221 CLR 400; [2004] HCA 61 James Hardie & Coy Pty Ltd v Barry (2000) 50 NSWLR 357; [2000] NSWCA 353 Michael Anthony Luxury Cars Pty Ltd v Connexwire Ltd [2019] NSWSC 1084 Category: Principal judgment Parties: Pilbara Ports Authority (Plaintiff) Benjamin Ashton (Defendant) Representation: Counsel: H Chiu (Plaintiff) J Wilson (Defendant)
Solicitors: Corrs Chambers Westgarth (Plaintiff) Russell McLelland Brown Lawyers (Defendant) File Number(s): 2019/175348 Publication restriction: Nil
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