Union Shipping New Zealand Limited v Morgan

Union Shipping New Zealand Limited (the defendant) appealed a decision concerning a tortious injury suffered by Mr. Morgan (the plaintiff), an employee resident in New Zealand, while working on the defendant's barge. The injury occurred within Australian territorial waters, specifically while the vessel was anchored in an Australian harbour and unloading coal. The barge was registered in New Zealand and sailed under the New Zealand flag.

The primary legal issue before the Court of Appeal was to determine the proper law governing the dispute, specifically whether Australian or New Zealand law applied to the plaintiff's claim in tort. A secondary issue concerned the application of the doctrine of *forum non conveniens*, and the factors the court should consider when deciding whether to dismiss a notice of motion or grant a permanent stay of proceedings. The court also considered the relevance of non-binding foreign authority in the absence of binding precedent.

The court reasoned that the proper law of the tort was Australian law, applying the principles of conflict of laws. It held that the place where the tortious act occurred, being within Australian territorial waters, was the most significant factor in determining the applicable law. The court further considered the *forum non conveniens* argument, weighing factors such as the location of the tort, the residence of the parties, and the availability of a suitable forum. The court found that Australia was the appropriate forum and that there were no grounds to grant a stay of proceedings.

The appeal was dismissed, and the defendant was ordered to pay the plaintiff's costs.