Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey and Gaudron JJ. Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55

ORDER Appeal allowed with costs. Set aside the order of the New South Wales Court of Appeal and, in lieu thereof, order that:

(i) the appeal to that Court be allowed with costs:

(ii) the orders made by Clarke J. on 13 November 1986 be set aside;

(iii) the action be stayed on condition that the appellant, in any proceedings which the respondents bring in Missouri concerning the subject-matter of these proceedings, undertakes not to plead any defence based upon any statute or other law relating to the limitation of actions, provided the respondents commence their proceedings in Missouri within three months of this order; and

(iv) the respondents pay the appellant's costs of the proceedings before Clarke J.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 13 Mason C.J., Deane, Dawson and Gaudron JJ.

This appeal is a sequel to the decision in Oceanic Sun Line Special Shipping Co. Inc. v. Fay [62] where this Court by majority (Brennan, Deane and Gaudron JJ.; Wilson and Toohey JJ. dissenting) declined to apply in Australia the principles governing the doctrine of forum non conveniens stated by the House of Lords in Spiliada Maritime Corp. v. Cansulex Ltd. [1] .

1. (1988) 165 C.L.R. 197. 2. [1987] A.C. 460.

The nature of the respondents' case and the history of the proceedings in the courts below

The facts are succinctly related in the judgment of Gleeson C.J. in the New South Wales Court of Appeal. The two respondents (plaintiffs) are companies incorporated and resident in New South Wales. The appellant (defendant) is an accountant who is and was at all material times a citizen and resident of the United States of America, practising in the State of Missouri. He is a member of a partnership named Deloitte Haskins & Sells. It is a firm which is separate and distinct from an Australian firm of accountants of the same name, although some form of association exists between the two firms.