Mundy v Resi Corp [2008] NSWDDT 17

Mundy v Resi Corp [2008] NSWDDT 17

Leave to file the proposed motion was not granted because the Tribunal could not determine whether the case should be heard by a South Australian court, had no power to order transfer to the District Court of South Australia, and listing a stay application could delay the scheduled hearing indefinitely; the appropriate course was to apply to the Supreme Court of New South Wales for transfer under cross-vesting legislation.

Jurisdiction
Australia
Judgment Date
02 June 2008
Procedural Posture
Dust Diseases Tribunal Proceedings / Application by the Second Defendant for Leave to File a Motion Seeking a Stay and Transfer of the Claim
Outcome
Application refused; no order made.
Legal Topics
['claims Resolution Process' 'stay of Proceedings' 'transfer of Proceedings' 'service and Execution of Process Act 1992' 'cross Vesting']
['dust Diseases Litigation' 'civil Procedure'] ['claims Resolution Process' 'stay of Proceedings' 'transfer of Proceedings' 'service and Execution of Process Act 1992' 'cross Vesting']

Case Brief

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Procedural Posture

Dust Diseases Tribunal Proceedings / Application by the Second Defendant for Leave to File a Motion Seeking a Stay and Transfer of the Claim

Legal Issues

  1. 1 ['Whether the second defendant should be permitted to file a motion seeking a stay under the Service and Execution of Process Act 1992.' 'Whether the Tribunal could order that the claim be transferred to the District Court of South Australia.']

Ratio Decidendi

Leave to file the proposed motion was not granted because the Tribunal could not determine whether the case should be heard by a South Australian court, had no power to order transfer to the District Court of South Australia, and listing a stay application could delay the scheduled hearing indefinitely; the appropriate course was to apply to the Supreme Court of New South Wales for transfer under cross-vesting legislation.

Court Disposition

Application refused; no order made.

Orders

  • ['No order']