Seebrad Welding Pty Ltd v Pentair Flow Control Pacific Pty Ltd

[2014] NSWSC 1649

Supreme Court

New South Wales

Medium Neutral Citation:

Seebrad Welding Pty Ltd v Pentair Flow Control Pacific Pty Ltd [2014] NSWSC 1649

Hearing dates:

19 November 2014

Decision date:

21 November 2014

Jurisdiction:

Common Law

Before:

Schmidt J

Decision:

(1) Proceedings matter number 2014/199925 be transferred from the Supreme Court of New South Wales to the Supreme Court of Victoria pursuant to section 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).

(2) The Costs of the motion are costs in the cause.

Catchwords:

PROCEDURE - proceedings - notice of motion - order seeking transfer of proceedings from Supreme Court of New South Wales to Supreme Court of Victoria - consent orders made

Legislation Cited:

Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW)
Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Category:

Procedural and other rulings

Parties:

Seebrad Welding Pty Limited (Plaintiff) Pentair Flow Control Pacific Pty Limited (First Defendant)
Timbercorp Limited (Second Defendant)
Select Harvests Limited (Third Defendant)

Representation:

Solicitors:
Ms O Stojanovska
Gillis Delaney Lawyers (Plaintiff)
Ms K Balendra, as amicus

File Number(s):

2014/199925

Publication restriction:

None

Judgment

1. By notice of motion filed on 7 November 2014 by the plaintiff, orders were sought, by consent, transferring these proceedings to the Supreme Court of Victoria under s 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act1987 (NSW). I made those orders that day for the following reasons.

1. The motion was supported by an affidavit sworn by Ms Amanda Bond, the plaintiff's solicitor, on 6 November 2014. She deposed that in October 2009, Mr Flint, a worker, had brought a claim for damages for personal injury suffered during the course of his employment by the plaintiff at Boundary Bend in Victoria, in the Supreme Court of Victoria. Claims are also advanced against the other two defendants as occupiers of the premises at which the injury was suffered. The plaintiffs and one defendant are located in Victoria and the others in New South Wales.

1. Mr Flint sought and was paid compensation in accordance with the Workers Compensation Act 1987 (NSW) and the WorkplaceInjuryManagement and Workers Compensation Act1998 (NSW).

1. These proceedings related to a recovery action brought by the plaintiff under s 151Z of the Workers Compensation Act against the defendants, as occupiers and insurers.

1. It was common ground between the parties that in those circumstances, the interests of justice required that these proceedings be heard and determined by the Supreme Court of Victoria.

1. I was satisfied by this evidence that the orders sought should be made. It is clear that these proceedings arise out of and are related to the proceeding Mr Flint brought against the plaintiff, which are still pending in the Supreme Court of Victoria; and that it is more appropriate that they be determined by that Court, together with the proceedings Mr Flynn has brought.

1. In the result, it had to be concluded that justice demanded that the orders to which all of the parties had consented, be made.

Orders

1. For those reasons, I ordered that:

(1) Proceedings matter number 2014/199925 be transferred from the Supreme Court of New South Wales to the Supreme Court of Victoria pursuant to section 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW).

(2)   The Costs of the motion are costs in the cause.

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Decision last updated: 21 November 2014