CSR Limited v Knight [2019] NSWSC 1065

CSR Limited v Knight [2019] NSWSC 1065

It is in the interests of justice for the matter to be removed to this Court and transferred to the Supreme Court of Queensland because all substantive exposure occurred in Queensland, the first defendant and most relevant witnesses and medical practitioners reside in Queensland, and all convenience and expense factors favour transfer.

Jurisdiction
Australia
Judgment Date
20 August 2019
Procedural Posture
Procedural Ruling / Transfer and Removal Application
Outcome
Orders granted as sought; proceedings removed and transferred; no order as to costs.
Legal Topics
['cross Vesting' 'transfer to Other Supreme Court' 'forum Non Conveniens' 'relevant Factors']
['civil Procedure'] ['cross Vesting' 'transfer to Other Supreme Court' 'forum Non Conveniens' 'relevant Factors']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedural Ruling / Transfer and Removal Application

Legal Issues

  1. 1 ['Should proceedings be removed from the Dust Diseases Tribunal of New South Wales into the Common Law Division of the Supreme Court of New South Wales?' 'Should the proceedings then be transferred to the Supreme Court of Queensland under the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)?']

Ratio Decidendi

It is in the interests of justice for the matter to be removed to this Court and transferred to the Supreme Court of Queensland because all substantive exposure occurred in Queensland, the first defendant and most relevant witnesses and medical practitioners reside in Queensland, and all convenience and expense factors favour transfer.

Court Disposition

Orders granted as sought; proceedings removed and transferred; no order as to costs.

Orders

  • ['Proceedings No 82 of 2019 and 82 of 2019/1 in the Dust Diseases Tribunal of New South Wales be removed from the Dust Diseases Tribunal into the Common Law Division of the Supreme Court of New South Wales pursuant to s 8 of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).' 'The proceedings referred to in...