Whyalla Refiners Pty Ltd v Grant Thornton (A Firm)

Whyalla Refiners Pty Ltd initiated proceedings against Grant Thornton (A Firm) and Southern Cross Petroleum Sales (SA) Pty Ltd in the Supreme Court of Western Australia, seeking damages for negligent misrepresentation and misleading conduct under the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (WA). The claim against Grant Thornton (A Firm) was based on its alleged misleading representations regarding the financial stability of Southern Cross Petroleum Sales (SA) Pty Ltd, which induced Whyalla Refiners Pty Ltd to extend credit. Grant Thornton (A Firm) sought to transfer the proceedings to South Australia, arguing that the matters in issue were more closely linked to that jurisdiction. The court considered whether the transfer was in the interests of justice and whether the plaintiff's right to choose its forum should be upheld. The court found that the forensic considerations were evenly balanced, and that the plaintiff's right to require the court to exercise its jurisdiction should not be displaced without a clear demonstration of real injustice to the defendant. The application for transfer was dismissed.