AMACA PTY. LIMITED v. HARRIS [2005] NSWSC 622

AMACA PTY. LIMITED v. HARRIS [2005] NSWSC 622

Although Queensland was the place of the alleged tort and Mr Harris resided in Queensland, the substantive law relevant to assessment of damages was common to both forums, the Tribunal was to sit in Brisbane, issues of cost and convenience were largely neutral, and Amaca's admissions and concessions reduced any procedural or evidentiary disadvantage. Given Mr Harris' deteriorating malignant mesothelioma and the Tribunal's fixed hearing date of 6 July 2005, the earliest and preferable course in the interests of justice was to allow the Tribunal proceedings to continue rather than transfer them to the Supreme Court of Queensland.

Jurisdiction
Australia
Judgment Date
28 June 2005
Procedural Posture
Application Under the Jurisdiction of Courts (cross Vesting) Act 1987 Concerning Proceedings Commenced in the Dust Diseases Tribunal of New South Wales / Summons Seeking Removal to the Supreme Court of New South Wales and Transfer to the Supreme Court of Queensland
Outcome
Application dismissed.
Legal Topics
['transfer of Proceedings' 'interests of Justice' 'forum Non Conveniens' 'asbestos Exposure' 'malignant Mesothelioma' 'dust Diseases Tribunal Procedure']
['civil Procedure' 'cross Vesting Jurisdiction' 'dust Diseases Litigation' 'personal Injury Torts'] ['transfer of Proceedings' 'interests of Justice' 'forum Non Conveniens' 'asbestos Exposure' 'malignant Mesothelioma' 'dust Diseases Tribunal Procedure']

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Procedural Posture

Application Under the Jurisdiction of Courts (cross Vesting) Act 1987 Concerning Proceedings Commenced in the Dust Diseases Tribunal of New South Wales / Summons Seeking Removal to the Supreme Court of New South Wales and Transfer to the Supreme Court of Queensland

Legal Issues

  1. 1 ['Whether proceedings in the Dust Diseases Tribunal should be removed to the Supreme Court of New South Wales under s.8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987' 'Whether it was in the interests of justice under s.5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 that the proceedings be transferred to the Supreme Court of Queensland' "How the place of the alleged tort, residence of the parties, substantive law, procedural and evidentiary advantages, convenience, and the plaintiff in the Tribunal's medical condition affected the transfer question"]

Ratio Decidendi

Although Queensland was the place of the alleged tort and Mr Harris resided in Queensland, the substantive law relevant to assessment of damages was common to both forums, the Tribunal was to sit in Brisbane, issues of cost and convenience were largely neutral, and Amaca's admissions and concessions reduced any procedural or evidentiary disadvantage. Given Mr Harris' deteriorating malignant mesothelioma and the Tribunal's fixed hearing date of 6 July 2005, the earliest and preferable course in the interests of justice was to allow the Tribunal proceedings to continue rather than transfer them to the Supreme Court of Queensland.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' "The applicant is to pay the defendant's costs of the application."]