Telstra Corporation Limited v Tucker [2019] NSWSC 1090

Telstra Corporation Limited v Tucker [2019] NSWSC 1090

It was in the interests of justice to remove the Dust Diseases Tribunal proceedings to the Supreme Court of New South Wales and transfer them to the Supreme Court of Queensland because the alleged asbestos exposure, relevant workplaces, treating medical practitioners, solicitors for the first respondents, and a witness were connected with Queensland, and no party alleged exposure in New South Wales.

Jurisdiction
Australia
Judgment Date
23 August 2019
Procedural Posture
Civil Procedure — Cross Vesting — Transfer From Dust Diseases Tribunal of NSW to Supreme Court and Transfer to Another Supreme Court / Summons Seeking Removal of Dust Diseases Tribunal Proceedings to the Supreme Court of New South Wales and Transfer to the Supreme Court of Queensland
Outcome
Proceedings removed into the Common Law Division of the Supreme Court of New South Wales and transferred to the Supreme Court of Queensland.
Legal Topics
['cross Vesting' 'transfer of Proceedings' 'interests of Justice' 'more Appropriate Forum' 'dust Diseases Proceedings']
['civil Procedure'] ['cross Vesting' 'transfer of Proceedings' 'interests of Justice' 'more Appropriate Forum' 'dust Diseases Proceedings']

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Procedural Posture

Civil Procedure — Cross Vesting — Transfer From Dust Diseases Tribunal of NSW to Supreme Court and Transfer to Another Supreme Court / Summons Seeking Removal of Dust Diseases Tribunal Proceedings to the Supreme Court of New South Wales and Transfer to the Supreme Court of Queensland

Legal Issues

  1. 1 ['Whether proceedings pending in the Dust Diseases Tribunal of New South Wales should be removed into the Common Law Division of the Supreme Court of New South Wales under s 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).' 'Whether, once removed, the proceedings should be transferred to the Supreme Court of Queensland under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) in the interests of justice.']

Ratio Decidendi

It was in the interests of justice to remove the Dust Diseases Tribunal proceedings to the Supreme Court of New South Wales and transfer them to the Supreme Court of Queensland because the alleged asbestos exposure, relevant workplaces, treating medical practitioners, solicitors for the first respondents, and a witness were connected with Queensland, and no party alleged exposure in New South Wales.

Court Disposition

Proceedings removed into the Common Law Division of the Supreme Court of New South Wales and transferred to the Supreme Court of Queensland.

Orders

  • ['Pursuant to s 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), proceedings no. 321 of 2018 pending in the Dust Diseases Tribunal of New South Wales between Telstra Corporation Limited (the applicant) as the defendant/cross-claimant and Thomas Wayne Tucker and Caroline Ann Thompson (as Legal Personal...