Sarkem Pty Limited v CSR Limited [2008] NSWDDT 39

Sarkem Pty Limited v CSR Limited [2008] NSWDDT 39

The Tribunal has jurisdiction to administer equitable principles for ancillary matters within its jurisdiction but, in these circumstances, it is a clearly inappropriate forum to resolve the commercial/equitable dispute between Sarkem and CSR. As such, the cross-claim is struck out.

Jurisdiction
Australia
Judgment Date
17 December 2008
Procedural Posture
Cross Claim Motion / Motion to Strike Out Cross Claim
Outcome
Cross-claim struck out; each party to pay its own costs.
Legal Topics
['tribunal Jurisdiction' 'equitable Jurisdiction' 'ancillary Proceedings']
['civil Procedure' 'dust Diseases'] ['tribunal Jurisdiction' 'equitable Jurisdiction' 'ancillary Proceedings']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Cross Claim Motion / Motion to Strike Out Cross Claim

Legal Issues

  1. 1 ['Whether the Tribunal possesses equitable jurisdiction to determine the cross-claim' 'Whether the cross-claim is ancillary or related to the principal claim within Tribunal jurisdiction' 'Whether the Tribunal should decline to exercise jurisdiction as a clearly inappropriate forum']

Ratio Decidendi

The Tribunal has jurisdiction to administer equitable principles for ancillary matters within its jurisdiction but, in these circumstances, it is a clearly inappropriate forum to resolve the commercial/equitable dispute between Sarkem and CSR. As such, the cross-claim is struck out.

Court Disposition

Cross-claim struck out; each party to pay its own costs.

Orders

  • ['The cross-claim by Sarkem Pty Ltd against CSR Limited be struck out.' 'Each party pay its own costs.']