Alfonso Russo v BHP Billiton Nickel West Pty Limited & Power Step (Australia) Pty Limited [2014] NSWSC 794

Alfonso Russo v BHP Billiton Nickel West Pty Limited & Power Step (Australia) Pty Limited [2014] NSWSC 794

Although Western Australian law would apply to the determination of liability and damages—a factor favouring transfer—the majority of key witnesses are located in NSW and Queensland; the likely negligence relates to manufacture in Queensland, and the convenience and interests of justice as a whole do not justify transfer away from NSW. Hence, the motion to transfer is dismissed.

Parties
Plaintiff: Alfonso Russo; First Defendant: BHP Billiton Nickel West Pty Limited; Second Defendant: Power Step (Australia) Pty Limited
Jurisdiction
Australia
Judgment Date
16 June 2014
Procedural Posture
Interlocutory Application / Motion to Transfer Proceedings
Outcome
Motion dismissed
Legal Topics
Transfer of Proceedings, Jurisdiction, Forum Non Conveniens, Negligence
Cross Vesting Personal Injury Transfer of Proceedings Jurisdiction Forum Non Conveniens Negligence

Case Brief

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Parties

Alfonso Russo

Plaintiff

BHP Billiton Nickel West Pty Limited

First Defendant

Power Step (Australia) Pty Limited

Second Defendant

Procedural Posture

Interlocutory Application / Motion to Transfer Proceedings

Legal Issues

  1. 1 Whether the proceedings should be transferred from the NSW Supreme Court to the Supreme Court of Western Australia under the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
  2. 2 Whether the 'interests of justice' require transfer given the location of events, parties, witnesses, and applicable law

Ratio Decidendi

Although Western Australian law would apply to the determination of liability and damages—a factor favouring transfer—the majority of key witnesses are located in NSW and Queensland; the likely negligence relates to manufacture in Queensland, and the convenience and interests of justice as a whole do not justify transfer away from NSW. Hence, the motion to transfer is dismissed.

Court Disposition

Motion dismissed

Orders

  • Motion dismissed
  • The first defendant shall pay the plaintiff's and second defendant's costs of and incidental to the motion