CSR Limited v Morrison

[2017] NSWSC 123

Supreme Court

New South Wales

Medium Neutral Citation:	CSR Limited v Morrison [2017] NSWSC 123
Hearing dates:	22 February 2017
Decision date:	22 February 2017
Jurisdiction:	Common Law
Before:	McCallum J
Decision:	Orders as sought in short minutes
Catchwords:	PRACTICE AND PROCEDURE – cross-vesting – application to remove proceedings from Dust Diseases Tribunal and to transfer proceedings to Supreme Court of Queensland
Legislation Cited:	Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW), ss 5, 8
Category:	Procedural and other rulings
Parties:	CSR Limited (plaintiff) Ronald Keith Morrison (first defendant) Amaca Pty Limited (second defendant) State of Queensland (third defendant)
Representation:	Counsel: D Miller (plaintiff) K Byrnes (first defendant) D Cooper (third defendant)     Solicitors: Colin Biggers & Paisley (plaintiff) Thompson Cooper Lawyers Pty Ltd (third defendant)
File Number(s):	2017/46064

Judgment

1. HER HONOUR: Ronald Keith Morrison has commenced proceedings in the Dust Diseases Tribunal of New South Wales against Amaca Pty Ltd seeking damages in respect of his alleged exposure to asbestos. Before the Court is a summons brought by CSR Limited, a cross-defendant to the proceedings in the Dust Diseases Tribunal, to have the proceedings removed from the Dust Diseases Tribunal to this Court and transferred to the Supreme Court of Queensland pursuant to ss 8 and 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW). The application is consented to by all relevant parties.

2. The application is supported by the affidavit of Adrian Konstantinidis affirmed 13 February 2017. It is plain from Mr Konstantinidis' affidavit and the pleadings and correspondence exhibited thereto that it is in the interests of justice for the proceedings to be removed from the Dust Diseases Tribunal and transferred to Queensland. In particular it is plain enough that the relevant exposure to asbestos resulting in the mesothelioma the subject of the claim occurred in various places in the State of Queensland; that the alleged negligence of the applicant CSR occurred in Queensland; that the plaintiff in the proceedings in the Dust Diseases Tribunal lived in Queensland at the relevant time; that any witnesses of fact are likely to reside in Queensland and that current treatment of Mr Morrison and any examination of him by persons sought to be qualified as expert witnesses in the proceedings would occur in Queensland. In short, all of the relevant activity, both historical and for the purposes of the litigation, is situated in Queensland.

3. In the circumstances I am satisfied in the terms of s 8(1)(b)(ii) of the Act that the order should be made removing the proceedings to this Court. I am further satisfied in the terms of s 5(2)(b)(ii)(C) that, having regard to the interests of justice, it is more appropriate that the proceeding be determined by the Supreme Court of Queensland.

4. For those reasons, I make orders 1-4 and note order 5 in the Short Minutes of Order handed up.

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Decision last updated: 23 February 2017