Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Amwano v Parbery [2005] FCA 1804
PRIVATE INTERNATIONAL LAW – forum non conveniens – action to recover trust money – trust established under foreign law – action involves construction of Constitution and statutes of a foreign State Adeange v The Nauru Phosphate Royalties Trust (unreported, Supreme Court of Victoria, Hayne J, 8 July 1992) followed Banco Nacional de Cuba v Sabbatino, 376 US 398 (1964) cited Buttes Gas and Oil Co v Hammer (No 3) [1982] AC 888 cited Fouche v The Superannuation Fund Board (1952) 88 CLR 609 cited Voth v Manildra Flour Mills Proprietary Limited (1990) 171 CLR 538 applied
IN THE MATTER OF NAURU PHOSPHATE ROYALTIES TRUST
ALOYSIUS AMWANO AND LISE MILLS DUBE v STEPHEN JAMES PARBERY AND MARK JULIAN ROBINSON (as receivers of certain assets of Nauru Phosphate Royalties Trust) and NAURU PHOSPHATE ROYALTIES TRUST
VID 737 of 2005
FINKELSTEIN J
13 DECEMBER 2005
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 737 of 2005
In the matter of Nauru Phosphate Royalties Trust
BETWEEN: ALOYSIUS AMWANO and
LISE MILLS DUBE
Plaintiffs
AND: STEPHEN JAMES PARBERY AND MARK JULIAN ROBINSON (as receivers of certain assets of Nauru Phosphate Royalties Trust) and
NAURU PHOSPHATE ROYALTIES TRUST
Defendants
JUDGE: FINKELSTEIN J
DATE OF ORDER: 13 DECEMBER 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The proceeding be stayed permanently. 2. The Plaintiffs pay the Third Defendant's costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 737 of 2005
In the matter of Nauru Phosphate Royalties Trust
BETWEEN: ALOYSIUS AMWANO and
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