Workers Compensation Default Insurance Fund Manager (ABN 54026845190) v Timothy John Hartnett Hutchinson as Legal Personal Representative for the Estate of the Late John Edward Hutchinson & Ors [2023] NSWSC 1005

Workers Compensation Default Insurance Fund Manager (ABN 54026845190) v Timothy John Hartnett Hutchinson as Legal Personal Representative for the Estate of the Late John Edward Hutchinson & Ors [2023] NSWSC 1005

The proceedings should be transferred first to the Supreme Court of New South Wales, then to the Supreme Court of the Australian Capital Territory, because all relevant events took place in the ACT, the appropriate law is ACT law, and all witnesses, parties, and legal representatives are based in the ACT. The ACT Supreme Court is the more appropriate forum for determination of the issues and the interests of justice favour transfer.

Parties
Plaintiff: Workers Compensation Default Insurance Fund Manager (ABN 54026845190); First Defendant: Timothy John Hartnett Hutchinson as Legal Personal Representative for the Estate of the Late John Edward Hutchinson; Second Defendant: Jane Cadona trading as Fyshwick Builders Suppliers (Cancelled on 15 July 2018); Third Defendant: Amaca Pty Limited (ACN 000035512)
Jurisdiction
Australia
Judgment Date
22 August 2023
Procedural Posture
Civil / Transfer Orders
Outcome
proceedings transferred
Legal Topics
Cross Vesting Application, Transfer of Proceedings, Interests of Justice
Civil Procedure Cross Vesting Application Transfer of Proceedings Interests of Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Workers Compensation Default Insurance Fund Manager (ABN 54026845190)

Plaintiff

Timothy John Hartnett Hutchinson as Legal Personal Representative for the Estate of the Late John Edward Hutchinson

First Defendant

Jane Cadona trading as Fyshwick Builders Suppliers (Cancelled on 15 July 2018)

Second Defendant

Amaca Pty Limited (ACN 000035512)

Third Defendant

Procedural Posture

Civil / Transfer Orders

Legal Issues

  1. 1 Should proceedings commenced in NSW Dust Diseases Tribunal be transferred to the Supreme Court of NSW and then to the ACT Supreme Court?
  2. 2 Is the ACT Supreme Court the more appropriate forum for the determination of the issues in the proceedings?

Ratio Decidendi

The proceedings should be transferred first to the Supreme Court of New South Wales, then to the Supreme Court of the Australian Capital Territory, because all relevant events took place in the ACT, the appropriate law is ACT law, and all witnesses, parties, and legal representatives are based in the ACT. The ACT Supreme Court is the more appropriate forum for determination of the issues and the interests of justice favour transfer.

Court Disposition

proceedings transferred

Orders

  • NSW Dust Diseases Tribunal Proceedings No. 2022/362214 transferred to the Common Law Division of the Supreme Court of New South Wales, pursuant to s 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW).
  • Proceedings referred to in paragraph 1 be transferred to the Supreme Court of the Australian Capital Territory, pursuant to s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).