Hargood v OHTL Public Company Ltd [2015] NSWSC 446

Hargood v OHTL Public Company Ltd [2015] NSWSC 446

The exclusive jurisdiction clause in the Guest Registration Form was not a term of the contract because the contract was formed earlier at the time of reservation. Therefore, the jurisdiction clause did not apply. The Defendant did not discharge the onus of showing the Supreme Court of NSW was a clearly inappropriate forum; minor inconvenience was not enough, and application of Thai law was not determinative. The proceedings should not be stayed.

Parties
Plaintiff: Jane Louise Hargood; First Defendant: OHTL Public Company Ltd; Second Defendant: Mandarin Oriental Hotel Group Limited; Third Defendant: Mandarin Oriental International Limited
Jurisdiction
Australia
Judgment Date
24 April 2015
Procedural Posture
Civil / Interlocutory Application (stay of Proceedings and Jurisdictional Challenge)
Outcome
Defendant's notice of motion dismissed. Leave granted to discontinue against Second and Third Defendants with consequential orders as to filing and costs.
Legal Topics
Civil Procedure, Stay of Proceedings, Jurisdiction and Forum Non Conveniens, Negligence, Contract Formation, Exclusive Jurisdiction Clauses
Contract Private International Law Tort Civil Procedure Stay of Proceedings Jurisdiction and Forum Non Conveniens Negligence Contract Formation +1 more

Case Brief

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Parties

Jane Louise Hargood

Plaintiff

OHTL Public Company Ltd

First Defendant

Mandarin Oriental Hotel Group Limited

Second Defendant

Mandarin Oriental International Limited

Third Defendant

Procedural Posture

Civil / Interlocutory Application (stay of Proceedings and Jurisdictional Challenge)

Legal Issues

  1. 1 Whether the exclusive jurisdiction clause in the hotel Guest Registration Form formed part of the contract between the Plaintiff and the Defendant
  2. 2 If so, whether a stay of proceedings should be granted
  3. 3 If not, whether the court is an inappropriate forum for determination of the claim

Ratio Decidendi

The exclusive jurisdiction clause in the Guest Registration Form was not a term of the contract because the contract was formed earlier at the time of reservation. Therefore, the jurisdiction clause did not apply. The Defendant did not discharge the onus of showing the Supreme Court of NSW was a clearly inappropriate forum; minor inconvenience was not enough, and application of Thai law was not determinative. The proceedings should not be stayed.

Court Disposition

Defendant's notice of motion dismissed. Leave granted to discontinue against Second and Third Defendants with consequential orders as to filing and costs.

Orders

  • The Defendants' Notice of Motion filed 15 September 2014 is dismissed.
  • The Defendant is to pay the Plaintiff's costs of the Motion.