Benson v Rational Entertainment Enterprises Ltd [2015] NSWSC 906

Benson v Rational Entertainment Enterprises Ltd [2015] NSWSC 906

The plaintiff established a good arguable case that his contract and money had and received claims satisfied UCPR Schedule 6 pars (b) and (c), because the alleged refusal to pay US$285,000 was arguably a breach in New South Wales of obligations to pay or make funds available to him there. The defendants did not establish that New South Wales was an inappropriate forum: no clearly more appropriate or available forum was shown, the evidence did not demonstrate significant unfairness or inconvenience to the defendants, and the apparent Alderney exclusive jurisdiction clause carried little weight because the dispute no longer had any real connection with Alderney and no material difference in...

Jurisdiction
Australia
Judgment Date
10 July 2015
Procedural Posture
Equity Division Proceedings; Defendants' Amended Notice of Motion to Set Aside Originating Process and Challenge or Stay Jurisdiction / Motion Under UCPR Rr 11.7 and 12.11 and S 67 of the Civil Procedure Act 2005 (nsw)
Outcome
The defendants' amended notice of motion was dismissed.
Legal Topics
['service Outside Australia' 'extra Territorial Jurisdiction Under UCPR Schedule 6' 'breach of Contract in New South Wales' 'money Had and Received' 'forum Non Conveniens' 'exclusive Foreign Jurisdiction Clause']
['civil Procedure' 'private International Law' 'contract' 'restitution'] ['service Outside Australia' 'extra Territorial Jurisdiction Under UCPR Schedule 6' 'breach of Contract in New South Wales' 'money Had and Received' 'forum Non Conveniens' 'exclusive Foreign Jurisdiction Clause']

Case Brief

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Procedural Posture

Equity Division Proceedings; Defendants' Amended Notice of Motion to Set Aside Originating Process and Challenge or Stay Jurisdiction / Motion Under UCPR Rr 11.7 and 12.11 and S 67 of the Civil Procedure Act 2005 (nsw)

Legal Issues

  1. 1 ['Whether the plaintiff established that his remaining contract and quasi-contractual claims fell within pars (b) or (c) of UCPR Schedule 6.' 'Whether the requisite test for Schedule 6 was a good arguable case directed to the jurisdictional nexus.' 'Whether the alleged non-payment of US$285,000 constituted a breach in New South Wales of a contractual or quasi-contractual obligation.' 'Whether the Supreme Court of New South Wales was an inappropriate forum for the proceedings under UCPR r 11.7(2)(b).' 'What weight should be given to the apparent Alderney governing law and exclusive jurisdiction clause.']

Ratio Decidendi

The plaintiff established a good arguable case that his contract and money had and received claims satisfied UCPR Schedule 6 pars (b) and (c), because the alleged refusal to pay US$285,000 was arguably a breach in New South Wales of obligations to pay or make funds available to him there. The defendants did not establish that New South Wales was an inappropriate forum: no clearly more appropriate or available forum was shown, the evidence did not demonstrate significant unfairness or inconvenience to the defendants, and the apparent Alderney exclusive jurisdiction clause carried little weight because the dispute no longer had any real connection with Alderney and no material difference in...

Court Disposition

The defendants' amended notice of motion was dismissed.

Orders

  • ["The defendants' amended notice of motion is dismissed." 'The parties are directed to deliver submissions as to the appropriate costs order to be made to the associate to Robb J within 14 days.' 'The plaintiff is directed to file and serve an amended statement of claim within 14 days.' 'Exhibits may be returned...