BHP Billiton Limited v Schultz

Courts and judges – Courts – Concurrent jurisdiction of different courts – Cross-vesting legislation – Plaintiff alleges that his asbestos-related disease resulted from exposure to asbestos while working in South Australia – South Australia identified as the place of the alleged wrong – Plaintiff commenced proceedings in Dust Diseases Tribunal of New South Wales – Plaintiff a resident of South Australia – Whether Supreme Court of South Australia a "more appropriate" forum – Whether proceeding to be transferred "in the interests of justice" – Relevance of circumstance that jurisdiction of the Dust Diseases Tribunal was regularly invoked – Relevance of plaintiff's choice of forum – Relevance of circumstance that law of other State less favourable to plaintiff than the law of the forum – Relevance of circumstance that the forum has particular experience and facility in dealing with the specific type of claim – Relationship between cross-vesting applications and forum non conveniens.

Private international law – Choice of law – Lex loci delicti – New South Wales statute empowers Dust Diseases Tribunal to award further damages at a future date if the injured person develops dust-related condition – South Australian statute provides for a once and for all assessment of damages – Whether New South Wales law procedural or substantive in character.

Constitutional law (Cth) – State Parliaments – Powers – Whether State Parliaments competent to legislate in a manner which curtails or interferes with the exercise of the powers of another State – Whether State Parliaments competent to legislate for the exercise of adjudicative functions by their courts outside their geographical territory.

Constitutional law (Cth) – Full faith and credit – Choice of law – Lex loci delicti – Whether requirement that full faith and credit be given to the laws, the public Acts and records, and the judicial proceedings of every State, places it beyond competence of one State to require its courts or tribunals to determine the action by any system of substantive law other than the lex loci delicti.

Words and phrases: "more appropriate forum" – "interests of justice".

Constitution – ss 73, 74, 75(v), 107, 118.

Service and Execution of Process Act 1992 (Cth) – ss 15, 20.

Jurisdiction of Courts (Cross –vesting) Act 1987 (NSW), ss 5, 8, 9, 13.

Dust Diseases Tribunal Act 1989 (NSW) – ss 10, 11, 11A, 13.

Jurisdiction of Courts (Cross –vesting) Act 1987 (SA), s 11.

Supreme Court Act 1935 (SA) – s 30B.