Amaca Pty Ltd v Moir [2016] NSWSC 35

Amaca Pty Ltd v Moir [2016] NSWSC 35

Queensland was the natural forum and it was in the interests of justice to transfer the proceedings because the worker was domiciled in Queensland, the alleged disease-causing exposure and place of tort were in Queensland, the relevant doctors were in Queensland, there was no particular connection with New South Wales, and the Supreme Court of Queensland had procedures enabling expeditious disposal.

Jurisdiction
Australia
Judgment Date
08 February 2016
Procedural Posture
Application to Remove Proceedings From the Dust Diseases Tribunal of New South Wales Into the Supreme Court of New South Wales and Transfer Them to the Supreme Court of Queensland Under the Jurisdiction of Courts (cross Vesting) Act 1987 / Principal Judgment
Outcome
Orders made removing the Dust Diseases Tribunal proceedings into the Supreme Court of New South Wales and transferring them to the Supreme Court of Queensland, with no order as to costs in the Supreme Court proceedings.
Legal Topics
['transfer of Proceedings' 'natural Forum' 'interests of Justice' 'dust Diseases Tribunal of New South Wales' 'asbestos Exposure']
['civil Procedure' 'cross Vesting' 'dust Diseases Litigation'] ['transfer of Proceedings' 'natural Forum' 'interests of Justice' 'dust Diseases Tribunal of New South Wales' 'asbestos Exposure']

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Procedural Posture

Application to Remove Proceedings From the Dust Diseases Tribunal of New South Wales Into the Supreme Court of New South Wales and Transfer Them to the Supreme Court of Queensland Under the Jurisdiction of Courts (cross Vesting) Act 1987 / Principal Judgment

Legal Issues

  1. 1 ['Whether proceedings commenced in the Dust Diseases Tribunal of New South Wales should be removed into 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 to transfer the proceedings to the Supreme Court of Queensland because Queensland was the natural forum.']

Ratio Decidendi

Queensland was the natural forum and it was in the interests of justice to transfer the proceedings because the worker was domiciled in Queensland, the alleged disease-causing exposure and place of tort were in Queensland, the relevant doctors were in Queensland, there was no particular connection with New South Wales, and the Supreme Court of Queensland had procedures enabling expeditious disposal.

Court Disposition

Orders made removing the Dust Diseases Tribunal proceedings into the Supreme Court of New South Wales and transferring them to the Supreme Court of Queensland, with no order as to costs in the Supreme Court proceedings.

Orders

  • ['An order pursuant to section 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 that proceedings number 306 of 2015 pending in the Dust Diseases Tribunal of New South Wales commenced by Ronald James Moir against Amaca Pty Limited (formerly James Hardie & Coy Pty Limited) Amaba Pty Limited (formerly Hardie...