Suzlon Energy Ltd v Bangad (No 3) [2012] FCA 123

FEDERAL COURT OF AUSTRALIA

Suzlon Energy Ltd v Bangad (No 3) [2012] FCA 123 Citation: Suzlon Energy Ltd v Bangad (No 3) [2012] FCA 123

Parties: SUZLON ENERGY LTD AND OTHERS NAMED IN THE SCHEDULE; SANJEEV BANGAD AND OTHERS NAMED IN THE SCHEDULE

File number: NSD 1670 of 2008

Judge: RARES J

Date of judgment: 24 February 2012

Corrigendum: 26 March 2012

Catchwords: PRACTICE AND PROCEDURE – SETTING ASIDE SERVICE OUT OF JURISDICTION – application by Swiss banks to set aside service of originating process, being a cross application, in a foreign country under r 13.01(b) of the Federal Court Rules 2011 (Cth) – whether sufficient evidence of prima facie case for relief claimed against Swiss banks in cross application PRIVATE INTERNATIONAL LAW – STAY OF PART OF PROCEEDINGS – CLEARLY INAPPROPRIATE FORUM – whether local court is clearly inappropriate forum – claim against Swiss banks by Indian company for knowingly assisting its employees in committing breaches of fiduciary duty based on employees' alleged frauds – Swiss banking secrecy laws prohibiting the respondent banks from pleading, giving discovery and calling evidence in forum (Australia) – whether forum clearly inappropriate where all commercial dealings between the parties occurred outside forum and were governed by laws other than law of forum – no relevant conduct or dealings alleged to have occurred in forum– whether insufficient degree of connection between the proceedings and the forum to justify a stay – whether power to order stay of proceedings in respect of some but not all parties to proceedings