Scott v Resi Corporation [2004] NSWDDT 2

Scott v Resi Corporation [2004] NSWDDT 2

Given that the plaintiff, relevant witnesses, and medical treatment are located in New South Wales, and considering the plaintiff's health and financial capacity, the Dust Diseases Tribunal is at least as appropriate as the South Australian court. There is no compelling reason to grant a stay under s 20 of the Service and Execution of Process Act 1992.

Jurisdiction
Australia
Judgment Date
11 February 2004
Procedural Posture
Application for Stay of Proceedings / Interlocutory
Outcome
Application for stay refused.
Legal Topics
['stay of Proceedings' 'service and Execution of Process Act 1992' 'forum Non Conveniens' 'dust Diseases Litigation']
['civil Procedure'] ['stay of Proceedings' 'service and Execution of Process Act 1992' 'forum Non Conveniens' 'dust Diseases Litigation']

Case Brief

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Procedural Posture

Application for Stay of Proceedings / Interlocutory

Legal Issues

  1. 1 ['Whether the proceedings should be stayed under section 20 of the Service and Execution of Process Act 1992 in favour of a South Australian court']

Ratio Decidendi

Given that the plaintiff, relevant witnesses, and medical treatment are located in New South Wales, and considering the plaintiff's health and financial capacity, the Dust Diseases Tribunal is at least as appropriate as the South Australian court. There is no compelling reason to grant a stay under s 20 of the Service and Execution of Process Act 1992.

Court Disposition

Application for stay refused.

Orders

  • ['Stay of proceedings refused.' 'Costs be costs in the cause.' 'Liberty to apply.']