Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 2) [2010] FCA 312 Citation: Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 2) [2010] FCA 312
Parties: SUNLAND WATERFRONT (BVI) LTD and SUNLAND GROUP LIMITED ACN 063 429 532 v PRUDENTIA INVESTMENTS PTY LTD ACN 091 390 742, HANLEY INVESTMENTS PTY LTD, ANGUS JOHN LUXMOORE REED and MATTHEW JAMES JOYCE
File number: QUD 195 of 2009
Judge: LOGAN J
Date of judgment: 31 March 2010
Catchwords: PRIVATE INTERNATIONAL LAW – Application for anti-suit injunction in relation to foreign proceedings – Where foreign proceedings involve a civil right arising out of a criminal claim – Where foreign proceedings involve similar factual dispute – Whether co-existence of proceedings oppressive or vexatious – Held the fact of overlap is not sufficient to restrain proceedings – Held application for anti-suit injunction dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 5, 23, 32 Foreign Judgements Act 1991 (Cth) Trade Practices Act 1974 (Cth) ss 6, 52, 79 Foreign Judgements Regulations 1992 (Cth)
Cases cited: National Mutual Holdings Pty Ltd v The Sentry Corporation (1989) 22 FCR 209 cited Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256 considered CSR Ltd v Cigna Insurance Australia Ltd (1989) 189 CLR 345 considered Hilton v Guyot (1895) 158 US 113 cited Oceanic Special Shipping Company Inc v Fay (1988) 165 CLR 197 considered TS Production LLC v Drew Pictures Pty Ltd (2008) 172 FCR 433 followed Société Nationale Industrielle Aerospatiale v Lee Kui Jak [1987] AC 871 cited Bank of Tokyo v Karoon [1987] AC 45 cited Airbus Industrie GIE v Patel [1999] 1 AC 119 considered Boele v Norsemeter Holding AS [2002] NSWCA 363 cited Toop v Mobil Oil New Guinea Ltd [1999] VSC 11 cited Merrill Lynch, Pierce Fenner & Smith Incorporated v Raffa (High Court of Justice of England & Wales, Commercial Court, No 1999 Folio 1373, 11 May 2000, unreported) considered Dicey and Morris, The Conflict of Laws (14th ed, Sweet & Maxwell, 2006)
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