Watson Farley & Williams (Thailand) Ltd v Briton [2018] NSWLC 8

Local Court New South Wales

Medium Neutral Citation: Watson Farley & Williams (Thailand) Ltd v Briton [2018] NSWLC 8 Hearing dates: 9 January 2018 Decision date: 02 February 2018 Jurisdiction: Civil Before: Magistrate Antrum Decision: Judgment for the Defendant. Statement of Claim dismissed. No order as to costs. Catchwords: CONTRACTS – Terms - exclusive jurisdiction clause – plain meaning of words within an exclusive jurisdiction clause to operate in commercial contracts – purpose of an exclusive jurisdiction clause the determination of all disputes in a single jurisdiction Legislation Cited: Civil Procedure Act 2005 s 56 Cases Cited: Akai Pty Ltd v People's Insurance Co Limited (1996) 188 CLR 418 Comandate Marine Corp v Pan Australia Shipping Pty Ltd (2006) 157 FCR 45 Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40; [2008] 1 Lloyd's Rep 254 Francis Travel Marketing Pty Ltd v Virgin Atlantic Airways (1996) 39 NSWLR 160 Global Partners Fund Ltd v Babcock & Brown Limited (in liq) [2010] NSWCA 196 Category: Principal judgment Parties: Watson Farley & Williams (Thailand) Ltd (Plaintiff) Tony Brighton (Defendant) Representation: Mr G Herring, Herring & Co Solicitors (for the plaintiff) Mr T Brighton (in person for the defendant) File Number(s): 2017/00171707 Publication restriction: Nil

Judgment 1. This is a claim brought in the Small Claims Division of the Local Court of New South Wales. The claim is brought by an incorporated body based in Thailand which provides legal services from Bangkok. 2. The defendant sought legal services from the plaintiff's firm on referral from a friend. 3. Amongst other aspects the defendant submits that the claim should more properly have been brought against another incorporated body of which the named defendant is a director or officer. 4. The Small Claims Division is established to provide resolution of disputes in a just, quick and cheap manner as section 56 of the Civil Procedure Act 2005 ("the Act") requires, and with as little formality and technicality as fairness will allow. This matter has proceeded largely on the basis of the submission of evidence in documentary form, which is in conformity with the conduct of matters within the Small Claims Division pursuant to the Local Court Practice Note Civ 1. 5. The Statement of Claim seeks an amount of $9550.02 of which the principal claim is $8249.24. This sum has been calculated and converted at the relevant exchange rate to the Thai Baht and relates to outstanding invoices against the defendant as at the date of 8 June 2017. The balance of the sum is made up of interest, filing, and service fees, and solicitor's fees.