Toop v Mobil Oil New Guinea [1999] VSC 11

Facts: Pl (Toop) brought proceedings in VIC court re an accident in PNG petrol station (Mobil Oil New Guinea). Pl brought proceedings in VIC court (not PNG) as there was a 5 year delay for matters to be heard in PNG. In addition, there is a concern that D would not be granted a visa to go to PNG to litigate. D sought a stay of proceedings for “clearly inappropriate forum” (CIF).

Issue: Should a stay be granted on the grounds of CIF because of the long delay in another court?

Held: VIC Court was not CIF. Undue delay goes against an order for stay of proceedings.