James Hardie Industries v Grigor (1998) 45 NSWLR 20

Facts: Pl (NZ resident) commenced proceedings in the Dust Diseases Tribunal (NSW) against D for suffering mesothelioma after cutting/drilling products manufactured by D in NSW. D sought stay of proceedings and permanent dismissal on CIF grounds.

Issue: Should a stay of proceedings be granted on the grounds of clearly inappropriate forum (CIF)?

Held: Stay of proceedings was not granted. D failed to show that the proceedings in NSW were vexatious and oppressive.

Reasons against stay: D was in NSW, evidence of corp knowledge in NSW, D resided and served in NSW, DDT gives claimants procedural advantage.

Reasons in favour of stay: Action had substantial connection with NZ; Pl resided in NZ and was unable to travel to NSW, Pl damage proved by NZ witnesses, NZ tort.