Amaca Pty Limited v Metro North Hospital and Health Service [2021] NSWSC 895

Amaca Pty Limited v Metro North Hospital and Health Service [2021] NSWSC 895

The proceedings should be transferred to the Supreme Court of Queensland as it is the more appropriate forum given the applicable law, parties, witnesses, and the lack of connection to New South Wales; all parties consented and the interests of justice require the transfer.

Parties
Plaintiff: Amaca Pty Limited; First Defendant: Metro North Hospital and Health Service; Second Defendant: The State of Queensland; Third Defendant: Wallaby Grip (BAE) Pty Limited (in liq); Fourth Defendant: CSR Limited
Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Application for Transfer of Proceedings / Orders on the Papers
Outcome
Orders for removal and transfer of proceedings granted, by consent.
Legal Topics
Cross Vesting of Jurisdiction, Transfer of Proceedings, Forum Non Conveniens, Dust Diseases, Contribution Claims
Civil Procedure Cross Vesting of Jurisdiction Transfer of Proceedings Forum Non Conveniens Dust Diseases Contribution Claims

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Parties

Amaca Pty Limited

Plaintiff

Metro North Hospital and Health Service

First Defendant

The State of Queensland

Second Defendant

Wallaby Grip (BAE) Pty Limited (in liq)

Third Defendant

CSR Limited

Fourth Defendant

Procedural Posture

Application for Transfer of Proceedings / Orders on the Papers

Legal Issues

  1. 1 Whether proceedings pending in the Dust Diseases Tribunal of New South Wales should be removed to the Supreme Court of New South Wales and then transferred to the Supreme Court of Queensland pursuant to the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
  2. 2 Whether it is in the interests of justice that the proceedings be transferred

Ratio Decidendi

The proceedings should be transferred to the Supreme Court of Queensland as it is the more appropriate forum given the applicable law, parties, witnesses, and the lack of connection to New South Wales; all parties consented and the interests of justice require the transfer.

Court Disposition

Orders for removal and transfer of proceedings granted, by consent.

Orders

  • That proceedings numbered 2020/179204/001 pending in the Dust Diseases Tribunal of New South Wales commenced by the plaintiff be removed to the Common Law Division of this Court pursuant to s 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).
  • That the Dust Diseases Tribunal proceedings be transferred to the Supreme Court of Queensland pursuant to s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).