Wing Hung Printing Co Ltd v Saito Offshore Pty Ltd

IN THE SUPREME COURT OF NEW ZEALAND

SC 118/2010
[2011] NZSC 20

BETWEEN WING HUNG PRINTING COMPANY LIMITED
First Applicant

AND ADAPT IDENTIFICATION, LLC
Second Applicant

AND SHORE TO SHORE BV
Third Applicant

AND SAITO OFFSHORE PTY LIMITED
Respondent

Court: Blanchard, Tipping and William Young JJ

Counsel: J E Hodder SC and M C Sumpter for Applicants
S J Mills QC and R J Hollyman for Respondent

Judgment: 15 March 2011

JUDGMENT OF THE COURT

A The application for leave to appeal is dismissed.

B The applicants are ordered to pay the respondent costs in the sum of $2500.00 with all proper disbursements to be fixed if necessary by the Registrar.

REASONS

This application for leave to appeal raises an issue concerning the doctrine of forum non conveniens. The applicants wish to challenge the decision of the Court of Appeal conditionally dismissing their protest to the jurisdiction of the New Zealand Courts. The condition on which such dismissal was based is of no present moment. The issue which the application raises is, in general terms, capable of being one of public and commercial importance. It is, however, our view that the present case turned in the Court of Appeal primarily on matters of fact and broad assessment. We do not consider the case raises any point of principle such as would justify the grant of leave. It would not therefore be in the interests of justice to accede to the application which must be dismissed with costs.

Solicitors:
Chapman Tripp, Auckland for Applicants
Davenports West, Auckland for Respondent

CaseChat Overview and Summary

Wing Hung Printing Co Ltd, along with two other companies, brought an appeal to the Supreme Court of New Zealand against Saito Offshore Pty Ltd, seeking to overturn a decision made by the Court of Appeal. The Court of Appeal had dismissed the applicants' protest to its jurisdiction, conditionally based on certain facts that were not relevant to the outcome. The primary issue in the appeal was whether the Court of Appeal's decision raised a point of principle that would justify granting leave to appeal. The applicants argued that the doctrine of forum non conveniens was incorrectly applied, and that the matter had significant public and commercial importance.

The court considered whether the case presented a point of principle that would warrant granting leave to appeal. The court acknowledged that the issue of forum non conveniens is an important one, but it determined that the Court of Appeal's decision was primarily based on factual findings and a broad assessment of the case. The Supreme Court found that the case did not raise any point of principle that would justify the grant of leave to appeal. Consequently, the application for leave to appeal was dismissed. The court also ordered the applicants to pay the respondent's costs in the sum of $2500.00, with all proper disbursements to be fixed if necessary by the Registrar.

In summary, the Supreme Court of New Zealand dismissed the application for leave to appeal made by Wing Hung Printing Co Ltd and the other applicants against Saito Offshore Pty Ltd. The court held that the case did not present any point of principle that would justify the grant of leave to appeal, and that the Court of Appeal's decision was primarily based on factual findings and a broad assessment of the case. The Supreme Court's decision was that it would not be in the interests of justice to grant leave to appeal, and the application was dismissed with costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established