CSR Limited v Hamilton [2020] NSWSC 285

Supreme Court New South Wales

Medium Neutral Citation: CSR Limited v Hamilton [2020] NSWSC 285 Hearing dates: 24 March 2020 Decision date: 24 March 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) Proceedings No 397 of 2019 and 397 of 2019/1 in the Dust Diseases Tribunal of New South Wales be removed from the Dust Diseases Tribunal into the Common Law Division of the Supreme Court of New South Wales pursuant to s 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).

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

(3) No order as to costs. Catchwords: CIVIL PROCEDURE —transfer of proceedings from Dust Diseases Tribunal to Supreme Court of NSW — transfer of proceedings from Supreme Court of NSW to Supreme Court of Queensland – Cross-vesting — Relevant factors Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Cases Cited: British American Tobacco Australia Services Limited v Laurie [2009] NSWSC 83 Category: Procedural and other rulings Parties: CSR Limited (Plaintiff) Robert Hamilton (First Defendant) Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd) (Second Defendant) Representation: Counsel: S Thompson (Solicitor) by telephone link (Plaintiff) JA Hillier by telephone link (First Defendant)

Solicitors: Colin Biggers & Paisley (Plaintiff) vbr Lawyers (First Defendant) Holman Webb Lawyers (Second Defendant) File Number(s): 2020/53915