Seltsam Pty Limited v Maxwell Robert Fritz [2019] NSWSC 725

Seltsam Pty Limited v Maxwell Robert Fritz [2019] NSWSC 725

It was in the interests of justice to transfer the proceedings to the Supreme Court of Queensland as Queensland has the most real and substantial connection to the alleged events and parties, including place of claimed exposure, residence of the plaintiff, relevant witnesses and medical practitioners.

Parties
Plaintiff: Seltsam Pty Limited; First Defendant: Maxwell Robert Fritz; Second Defendant: Amaca Pty Limited (formerly James Hardie & Coty Pty Limited)
Jurisdiction
Australia
Judgment Date
11 June 2019
Procedural Posture
Application for Removal and Transfer of Proceedings / Interlocutory/application Determination
Outcome
Application granted by consent; proceedings ordered removed to Supreme Court of NSW and transferred to Supreme Court of Queensland; parties to bear their own costs.
Legal Topics
Cross Vesting, Jurisdiction, Transfer of Proceedings, Forum Non Conveniens
Civil Procedure Cross Vesting Jurisdiction Transfer of Proceedings Forum Non Conveniens

Case Brief

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Parties

Seltsam Pty Limited

Plaintiff

Maxwell Robert Fritz

First Defendant

Amaca Pty Limited (formerly James Hardie & Coty Pty Limited)

Second Defendant

Procedural Posture

Application for Removal and Transfer of Proceedings / Interlocutory/application Determination

Legal Issues

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

Ratio Decidendi

It was in the interests of justice to transfer the proceedings to the Supreme Court of Queensland as Queensland has the most real and substantial connection to the alleged events and parties, including place of claimed exposure, residence of the plaintiff, relevant witnesses and medical practitioners.

Court Disposition

Application granted by consent; proceedings ordered removed to Supreme Court of NSW and transferred to Supreme Court of Queensland; parties to bear their own costs.

Orders

  • Proceedings No 123 of 2019 and 123 of 2019/1 in the Dust Diseases Tribunal of NSW be removed from the Dust Diseases Tribunal into the Common Law Division of the Supreme Court of NSW pursuant to Section 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).
  • The proceedings be transferred to the Supreme Court of Queensland pursuant to section 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth).