In the Vertex Systems OY v Topline Steel Pty Ltd [2024] QDC 54 case, Byrne KC DCJ delivered a ruling refusing an application by Topline Steel Pty Ltd for a stay of proceedings. Topline Steel sought to move the lawsuit, initiated by Vertex Systems OY for copyright infringement involving $151,000 in damages, from Queensland to New South Wales, claiming it as a more appropriate jurisdiction. The defendant argued this on the basis of witness convenience and the location of evidence. However, Byrne KC DCJ found both the District Court of Queensland and New South Wales as suitable venues, noting the unique situation of Vertex Systems—a Finnish company operational in Australia through a Queensland-based subsidiary. Despite the defendant's suggestions, the court was not convinced that New South Wales was the more suitable location for the trial, particularly considering the balance of convenience, including legal representation familiar with the case. Consequently, the application was refused, maintaining the proceedings in Queensland.
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