Wallaby Grip Limited v Gilchrist and 5 ors [2007] NSWSC 1181

Wallaby Grip Limited v Gilchrist and 5 ors [2007] NSWSC 1181

It was not otherwise in the interests of justice that Mr Gilchrist's claim be determined by the Supreme Court of Queensland. Although the Queensland component of exposure was greater and an unrestricted appeal right would favour transfer, the proceeding had a real link to New South Wales, the Dust Diseases Tribunal had specialised procedures and expertise likely to save hearing time and costs in apportionment issues, transfer would likely increase costs, and all parties except the Wallaby Grip defendants wished the matter to remain in the Tribunal. There was therefore no occasion to remove the proceedings into the Supreme Court of New South Wales.

Jurisdiction
Australia
Judgment Date
26 October 2007
Procedural Posture
Dust Diseases Claim Cross Vesting Application / Summons Seeking Removal of Dust Diseases Tribunal Proceedings Into the Supreme Court of New South Wales and Transfer to the Supreme Court of Queensland
Outcome
Summons dismissed; plaintiffs ordered to pay the defendants' costs.
Legal Topics
['interests of Justice Transfer' 'asbestos Related Pleural Disease' 'provisional Damages' 'apportionment of Liability' 'dust Diseases Tribunal Claims Resolution Procedure']
['civil Procedure' 'cross Vesting Jurisdiction' 'dust Diseases' 'tort Negligence'] ['interests of Justice Transfer' 'asbestos Related Pleural Disease' 'provisional Damages' 'apportionment of Liability' 'dust Diseases Tribunal Claims Resolution Procedure']

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Procedural Posture

Dust Diseases Claim Cross Vesting Application / Summons Seeking Removal of Dust Diseases Tribunal Proceedings Into the Supreme Court of New South Wales and Transfer to the Supreme Court of Queensland

Legal Issues

  1. 1 ['Whether proceedings pending in the Dust Diseases Tribunal should be removed into the Supreme Court of New South Wales under s 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987 so that transfer could be considered.' "Whether it was in the interests of justice under s 5(2)(b)(iii) of the Jurisdiction of Courts (Cross-vesting) Act 1987 that Mr Gilchrist's claim be determined by the Supreme Court of Queensland."]

Ratio Decidendi

It was not otherwise in the interests of justice that Mr Gilchrist's claim be determined by the Supreme Court of Queensland. Although the Queensland component of exposure was greater and an unrestricted appeal right would favour transfer, the proceeding had a real link to New South Wales, the Dust Diseases Tribunal had specialised procedures and expertise likely to save hearing time and costs in apportionment issues, transfer would likely increase costs, and all parties except the Wallaby Grip defendants wished the matter to remain in the Tribunal. There was therefore no occasion to remove the proceedings into the Supreme Court of New South Wales.

Court Disposition

Summons dismissed; plaintiffs ordered to pay the defendants' costs.

Orders

  • ['Dismiss the summons;' "The plaintiffs are to pay the defendants' costs."]