Pacific National Constructions Pty Ltd v Geurts Trucks Besloten Venootschap [2024] NSWSC 813

Supreme Court New South Wales

Medium Neutral Citation: Pacific National Constructions Pty Ltd v Geurts Trucks Besloten Venootschap [2024] NSWSC 813 Hearing dates: 27 June 2024 Date of orders: 09 July 2024 Decision date: 09 July 2024 Jurisdiction: Common Law Before: Wilson J Decision: (1) The Claim filed by Pacific National Constructions Pty Ltd (CAN 104 808 844) trading as Nowra Cranes on 27 June 2023 bearing Case number 2023/00206663 is permanently stayed; (2) Subject to order (3) costs of the Motion filed by Geurts Trucks Besloten Venootschap on 25 March 2024 are in favour of the defendant; (3) Should either party seek an order for costs different to that given at order (2), written submissions and any evidence in support are to be filed and served on the opposing party within 7 days of the date of these orders. Submissions and any evidence in reply are to be filed and served 7 days thereafter. Any such application will be determined on the papers. Catchwords: PRIVATE INTERNATIONAL LAW – jurisdiction –exclusive foreign jurisdiction clause – whether strong reasons to set exclusive foreign jurisdiction clause aside – where crane purchased from Netherlands and delivered to Australia Legislation Cited: Competition and Consumer Act 2010 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Akai Pty Ltd v People's Insurance Co Ltd (1996) 188 CLR 418; [1996] HCA 39 Australian Health & Nutrition Association Ltd and Another v Hive Marketing Group Pty Ltd and Another (2019) 99 NSWLR 419; [2019] NSWCA 61 British Aerospace plc v Dee Howard Co [1993] 1 Lloyd's Rep 368 Epic Games, Inc and Another v Google and Others (2022) 399 ALR 119; [2022] FCA 66 Epic Games Inc and Another v Apple Inc and Another (2021) 286 FCR 105; [2021] FCAFC 122 FAI General Insurance Co Ltd v Ocean Marine Mutual Protection & Indemnity Association Ltd (1997) 41 NSWLR 559 Incitec Ltd v Alkimos Shipping Corporation (2004) 138 FCR 496; [2004] FCA 698 Oceanic Sun Lines Special Shipping Company Inc v Fay (1988) 165 CLR 197; [1998] HCA 32 Texts Cited: Nil Category: Procedural rulings Parties: Pacific National Constructions Pty Ltd (CAN 104 808 844) trading as Nowra Cranes (Plaintiff) Geurts Trucks Besloten Venootschap (Defendant) Representation: Counsel: J Dooley (Plaintiff) K Dyon (Defendant)