James Hardie and Coy Pty Ltd v Carley

James Hardie and Coy Pty Ltd appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the proper jurisdiction for a claim brought by the legal representative of a deceased plaintiff, where the cause of action was alleged to have arisen outside of New South Wales.

The primary legal issue before the Court of Appeal was whether the Supreme Court of New South Wales had jurisdiction to hear the claim, notwithstanding that the deceased plaintiff was not domiciled in New South Wales and the cause of action did not arise within the state. This involved an examination of the rules governing jurisdiction in cases involving deceased persons and the territorial limits of the Supreme Court's power.

The Court of Appeal allowed the appeal, finding that the Supreme Court of New South Wales did not have jurisdiction to entertain the proceedings. The Court reasoned that the deceased plaintiff's domicile at the time of death was outside New South Wales, and the cause of action did not arise within the state. Consequently, the Supreme Court lacked the necessary territorial connection to exercise jurisdiction over the matter. The appeal was allowed.