Wallaby Grip Limited v Maclean [2017] NSWSC 246

Wallaby Grip Limited v Maclean [2017] NSWSC 246

For the interests of justice, given the location of the alleged tort, parties, witnesses, relevant law, and lack of opposition, the matter should be removed from the Dust Diseases Tribunal of New South Wales and transferred to the Supreme Court of Queensland under the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).

Parties
First Plaintiff: Wallaby Grip Limited; Second Plaintiff: Wallaby Grip (BAE) Pty Limited (in liquidation); Third Plaintiff: Wallaby Grip (NSW) Pty Limited (in liquidation); First Defendant: Lynn David Maclean; Second Defendant: Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd); Third Defendant: CSR Limited; Fourth Defendant: Klinger Limited; Fifth Defendant: Bundaberg Walkers Engineering Ltd; Sixth Defendant: Bundaberg Distilling Investments Pty Ltd; Seventh Defendant: Bundaberg Sugar Group Ltd
Jurisdiction
Australia
Judgment Date
15 March 2017
Procedural Posture
Application for Transfer of Proceedings / Interlocutory Ruling on Transfer and Removal
Outcome
Application granted; proceedings removed from DDT and transferred to Supreme Court of Queensland; each party to bear own costs.
Legal Topics
Transfer of Proceedings, Cross Vesting, Jurisdiction, Asbestos Litigation, Dust Diseases Tribunal, Forum Non Conveniens
Civil Procedure Transfer of Proceedings Cross Vesting Jurisdiction Asbestos Litigation Dust Diseases Tribunal Forum Non Conveniens

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Parties

Wallaby Grip Limited

First Plaintiff

Wallaby Grip (BAE) Pty Limited (in liquidation)

Second Plaintiff

Wallaby Grip (NSW) Pty Limited (in liquidation)

Third Plaintiff

Lynn David Maclean

First Defendant

Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd)

Second Defendant

CSR Limited

Third Defendant

Klinger Limited

Fourth Defendant

Bundaberg Walkers Engineering Ltd

Fifth Defendant

Bundaberg Distilling Investments Pty Ltd

Sixth Defendant

Bundaberg Sugar Group Ltd

Seventh Defendant

Procedural Posture

Application for Transfer of Proceedings / Interlocutory Ruling on Transfer and Removal

Legal Issues

  1. 1 Whether proceedings should be transferred from the Dust Diseases Tribunal of New South Wales to the Supreme Court of Queensland under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW)

Ratio Decidendi

For the interests of justice, given the location of the alleged tort, parties, witnesses, relevant law, and lack of opposition, the matter should be removed from the Dust Diseases Tribunal of New South Wales and transferred to the Supreme Court of Queensland under the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).

Court Disposition

Application granted; proceedings removed from DDT and transferred to Supreme Court of Queensland; each party to bear own costs.

Orders

  • Proceedings No 278 of 2016 in the Dust Diseases Tribunal of New South Wales are removed to the Common Law Division of the Supreme Court of New South Wales.
  • The proceedings are transferred to the Supreme Court of Queensland pursuant to s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).