Woolworths Group Limited v Anita and Lisa Tipper as Legal Personal Representatives of the Estate of the Late Alan Tipper

Woolworths Group Limited sought to have proceedings from the Dust Diseases Tribunal of New South Wales, brought by Anita and Lisa Tipper as legal personal representatives of the estate of Alan Tipper, transferred to the Supreme Court of Queensland. The dispute involved claims for damages arising from alleged negligence and breach of contract by Woolworths. The applicants sought to cross-vest the proceedings to Queensland under sections 5 and 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), arguing that the transfer would be in the interests of justice due to all connecting factors relating to Queensland.

The central legal issue before the court was whether the transfer of proceedings to Queensland was justified, considering the connecting factors. The applicants argued that the deceased had worked in Queensland for Woolworths, and the alleged exposure to harmful dust occurred there, which formed the basis of the claims. They contended that the transfer would be in the interests of justice because all relevant parties and evidence were in Queensland.

The court found that the application to cross-vest the proceedings should be allowed. It noted that all the significant connecting factors pointed to Queensland, including the deceased's employment, the alleged exposure to harmful dust, and the location of witnesses and evidence. The court concluded that transferring the proceedings to Queensland would be in the interests of justice, as it would ensure a fair and efficient resolution of the matter. The application was thus allowed, and the proceedings were transferred to the Supreme Court of Queensland.