BHP Billiton Limited v Schultz & Ors S385/2002

The High Court of Australia, in chambers, considered an application by BHP Billiton Limited for special leave to appeal against a decision of the Full Federal Court. The dispute concerned the alleged liability of BHP Billiton for injuries sustained by workers at the Ok Tedi mine in Papua New Guinea. The applicants sought to challenge the Federal Court's determination that it had jurisdiction to hear the claims brought by the respondents, who were former employees of the mine.

The primary legal issue before the High Court was whether the Federal Court had erred in finding that it possessed jurisdiction to entertain the claims, notwithstanding the location of the mining operations and the nationality of the respondents. Specifically, the court was required to consider the principles governing the exercise of jurisdiction in cases involving foreign torts and the application of Australian law to such claims, particularly in the context of the *Forum Non Conveniens* doctrine.

Kirby J, in chambers, granted special leave to appeal. His Honour's decision was based on the view that there were substantial questions of law to be argued concerning the proper application of jurisdictional principles and the extent to which Australian courts should entertain claims arising from events occurring entirely outside Australia, particularly when those claims involved foreign plaintiffs and a foreign defendant operating in a foreign jurisdiction. The grant of special leave indicated that the High Court considered the issues raised to be of sufficient importance to warrant a full hearing.