Anderson Formrite Pty Ltd v Baulderstone Hornibrook Pty Ltd

In the Supreme Court of Western Australia, Anderson Formrite Pty Ltd, the plaintiff, filed a claim against Baulderstone Hornibrook Pty Ltd, the defendant, for breach of contract and other related claims arising from a construction project. Baulderstone Hornibrook sought a stay of the proceedings or their transfer to the Supreme Court of New South Wales, arguing that an exclusive jurisdiction clause in the subcontract mandated that disputes be resolved in New South Wales. The court had to determine whether the exclusive jurisdiction clause was enforceable and if transferring the proceedings to New South Wales would be in the interests of justice.

The court examined the clause and determined that it likely constituted an exclusive jurisdiction clause, giving significant weight to the parties' agreement on the forum for dispute resolution. The court applied the "interests of justice" test, considering factors such as the convenience of witnesses, the choice of law, and the parties' commercial interests. The court found that while the majority of witnesses resided in Western Australia, the presence of non-Western Australian witnesses and the defendant's significant connection to New South Wales did not strongly argue against enforcing the exclusive jurisdiction clause. The choice of law clause was deemed neutral.

Ultimately, the court concluded that the clause should be enforced unless there were strong grounds to the contrary. The court found that the plaintiff had not demonstrated such grounds, and thus ordered the proceedings to be transferred to the Supreme Court of New South Wales. The plaintiff was also ordered to pay the defendant's costs of the application.