CSR Limited v Hamilton [2020] NSWSC 285

CSR Limited v Hamilton [2020] NSWSC 285

Since all relevant events, parties, and witnesses are connected to Queensland, it is in the interests of justice to transfer the proceedings to the Supreme Court of Queensland.

Parties
Plaintiff: CSR Limited; First Defendant: Robert Hamilton; Second Defendant: Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd)
Jurisdiction
Australia
Judgment Date
24 March 2020
Procedural Posture
Application for Transfer/removal of Proceedings / Interlocutory; Procedural Ruling
Outcome
Proceedings removed from Dust Diseases Tribunal to Supreme Court of New South Wales; proceedings transferred to Supreme Court of Queensland; no order as to costs.
Legal Topics
Transfer of Proceedings, Cross Vesting, Forum Non Conveniens
Civil Procedure Transfer of Proceedings Cross Vesting Forum Non Conveniens

Case Brief

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Parties

CSR Limited

Plaintiff

Robert Hamilton

First Defendant

Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd)

Second Defendant

Procedural Posture

Application for Transfer/removal of Proceedings / Interlocutory; Procedural Ruling

Legal Issues

  1. 1 Whether proceedings should be removed from the Dust Diseases Tribunal to the Supreme Court of New South Wales
  2. 2 Whether proceedings should be transferred to the Supreme Court of Queensland under the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)

Ratio Decidendi

Since all relevant events, parties, and witnesses are connected to Queensland, it is in the interests of justice to transfer the proceedings to the Supreme Court of Queensland.

Court Disposition

Proceedings removed from Dust Diseases Tribunal to Supreme Court of New South Wales; proceedings transferred to Supreme Court of Queensland; no order as to costs.

Orders

  • Proceedings No 397 of 2019 and 397 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).
  • Proceedings be transferred to the Supreme Court of Queensland pursuant to s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).