Australia Health & Nutrition Association Limited v Hive Marketing Group Pty Limited [2018] NSWSC 1236

Supreme Court New South Wales

Medium Neutral Citation: Australia Health & Nutrition Association Limited v Hive Marketing Group Pty Limited [2018] NSWSC 1236 Hearing dates: 03/08/2018 Date of orders: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Proceedings as between first plaintiff and second defendant dismissed. Catchwords: CIVIL PROCEDURE – application for dismissal of proceedings – where one contract compels three of the four parties to this interlocutory application to litigate their substantive disputes only in England – where a second contract consisting of a different permutation of three of the four parties invokes the jurisdiction of this court – whether the English exclusive jurisdiction clause should be enforced to trump the substantive proceedings in this court – strong presumption that exclusive jurisdiction clauses be given effect as an aspect of the parties' bargain – matters of cost and inconvenience to the direct parties irrelevant – necessary to point to detriment to third parties or public policy to invert this position – such strong cause not shown – proceedings dismissed as between the parties to the exclusive jurisdiction clause. Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Akai Pty Ltd v People's Insurance Co Ltd (1996) 188 CLR 418 Global Partners Fund Ltd v Babcock and Brown Ltd (in liq) (2010) 79 ACSR 383 Incitec Ltd v Alkimos Shipping Corporation (2004) 138 FCR 496 The "Eleftheria" [1970] P 94 Category: Procedural and other rulings Parties: Australia Health & Nutrition Association Limited (First Plaintiff) Rebel Sport Limited (Second Plaintiff) Hive Marketing Group Pty Limited (First Defendant) Emirat Limited (Second Defendant) Representation: Counsel: I R Pike SC / L Rich (Plaintiffs) B Le Plastrier (First Defendant) J Darams / B L Jones (Second Defendant)