Broken Hill Proprietary Company Ltd v Zunic & ors [2001] NSWSC 561

Broken Hill Proprietary Company Ltd v Zunic & ors [2001] NSWSC 561

Although each relevant tort arose in substance in South Australia, a fair balancing of the interests of justice favoured leaving Mr. Zunic to pursue his claims in the Dust Diseases Tribunal because he was elderly and very sick, the Tribunal's jurisdiction had been regularly invoked, the applicants were dilatory in seeking removal and transfer, the Tribunal had particular experience and facility in dust disease claims, the Tribunal could likely provide the swiftest hearing, and its evidentiary procedures remained materially advantageous.

Jurisdiction
Australia
Judgment Date
05 July 2001
Procedural Posture
Summonses Under the Jurisdiction of Courts (cross Vesting) Act 1987 (nsw) Seeking Removal of Dust Diseases Tribunal Proceedings to the Supreme Court of NSW and Transfer to the Supreme Court of South Australia / Hearing of Three Cross Vesting Applications in the Supreme Court of Nsw, Common Law Division
Outcome
In each of the three applications, the summons was dismissed with costs.
Legal Topics
['removal From Tribunal to Supreme Court' 'transfer Between State Supreme Courts' 'interests of Justice' 'place of Tort' 'choice of Forum' 'mesothelioma and Asbestos Exposure']
['civil Procedure' 'cross Vesting Jurisdiction' 'dust Diseases Litigation' 'tort Law' 'personal Injury'] ['removal From Tribunal to Supreme Court' 'transfer Between State Supreme Courts' 'interests of Justice' 'place of Tort' 'choice of Forum' 'mesothelioma and Asbestos Exposure']

Case Brief

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Procedural Posture

Summonses Under the Jurisdiction of Courts (cross Vesting) Act 1987 (nsw) Seeking Removal of Dust Diseases Tribunal Proceedings to the Supreme Court of NSW and Transfer to the Supreme Court of South Australia / Hearing of Three Cross Vesting Applications in the Supreme Court of Nsw, Common Law Division

Legal Issues

  1. 1 ['Whether proceedings pending in the Dust Diseases Tribunal of NSW should be removed into the Common Law Division of the Supreme Court of NSW under section 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).' 'Whether, if removed, the proceedings should be transferred to the Supreme Court of South Australia under section 5(2)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).' 'Whether the interests of justice favoured determination in the Dust Diseases Tribunal of NSW or in the Supreme Court of South Australia.']

Ratio Decidendi

Although each relevant tort arose in substance in South Australia, a fair balancing of the interests of justice favoured leaving Mr. Zunic to pursue his claims in the Dust Diseases Tribunal because he was elderly and very sick, the Tribunal's jurisdiction had been regularly invoked, the applicants were dilatory in seeking removal and transfer, the Tribunal had particular experience and facility in dust disease claims, the Tribunal could likely provide the swiftest hearing, and its evidentiary procedures remained materially advantageous.

Court Disposition

In each of the three applications, the summons was dismissed with costs.

Orders

  • ['The summons in proceeding SC 11353/2001 is dismissed with costs.' 'The summons in proceeding SC 11354/2001 is dismissed with costs.' 'The summons in proceeding SC 11426/2001 is dismissed with costs.']