BHP Billiton Limited v Susan Louise Stephens [2011] NSWSC 675

BHP Billiton Limited v Susan Louise Stephens [2011] NSWSC 675

There are substantial connecting factors with both New South Wales and South Australia, with substantive law of both applying depending on where the tort occurred. However, the evidence suggests that proceedings would be finalised more quickly in the Dust Diseases Tribunal of New South Wales, and neither the interests of justice nor the balance of factors support transfer to South Australia. The application to transfer is therefore dismissed.

Jurisdiction
Australia
Judgment Date
06 July 2011
Procedural Posture
Application to Transfer/ Cross Vesting / Decision on Transfer Application
Outcome
Application dismissed
Legal Topics
['jurisdiction' 'transfer of Proceedings' 'forum Non Conveniens' 'dust Diseases Litigation']
['civil Procedure'] ['jurisdiction' 'transfer of Proceedings' 'forum Non Conveniens' 'dust Diseases Litigation']

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Procedural Posture

Application to Transfer/ Cross Vesting / Decision on Transfer Application

Legal Issues

  1. 1 ['Whether proceedings in the Dust Diseases Tribunal of NSW should be transferred to the Supreme Court of South Australia under s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987' 'Identification of the forum most appropriate in the interests of justice']

Ratio Decidendi

There are substantial connecting factors with both New South Wales and South Australia, with substantive law of both applying depending on where the tort occurred. However, the evidence suggests that proceedings would be finalised more quickly in the Dust Diseases Tribunal of New South Wales, and neither the interests of justice nor the balance of factors support transfer to South Australia. The application to transfer is therefore dismissed.

Court Disposition

Application dismissed

Orders

  • ["Pursuant to s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987, the plaintiff's application to transfer proceedings No 187 of 2010 in the Dust Diseases Tribunal of NSW to the Supreme Court of South Australia is dismissed." "The plaintiff is to pay the defendant's costs as agreed or assessed."]