Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Suzlon Energy Limited v Frankfurter Bankgesellschaft (Schweiz) AG [2012] FCA 465 Citation: Suzlon Energy Limited v Frankfurter Bankgesellschaft (Schweiz) AG [2012] FCA 465
Appeal from: Application for Leave to Appeal: Suzlon Energy Ltd v Bangad (No 3) [2012] FCA 123 Application for an Extension of Time within which to apply for Leave to Cross-Appeal: Suzlon Energy Ltd v Bangad (No 3) [2012] FCA 123
Parties: SUZLON ENERGY LIMITED, SUZLON ENERGY AUSTRALIA PTY LIMITED, SUZLON INFRASTRUCTURE LIMITED (NOW KNOWN AS SYNEFRA ENGINEERING & CONSTRUCTION LTD), SUZLON WIND ENERGY CORPORATION, USA, SUZLON STRUCTURES LTD and SE SHIPPING PTE LIMITED v FRANKFURTER BANKGESELLSCHAFT (SCHWEIZ) AG (A SWISS COMPANY), MERRILL LYNCH BANK (SUISSE) SA (A SWISS COMPANY) and CREDIT SUISSE AG (A SWISS COMPANY)
File number: NSD 387 of 2012
Judge: FOSTER J
Date of judgment: 7 May 2012
Catchwords: PRACTICE AND PROCEDURE – whether leave to appeal should be granted against the decision of a single judge to grant a stay of part of a Cross-Claim against three Swiss banks on forum non conveniens grounds – considerable caution should be exercised before the Court will entertain an appeal from a decision of that kind – relevant principles discussed PRIVATE INTERNATIONAL LAW – whether the exercise of a discretion to stay part of a proceeding on forum non conveniens grounds miscarried – no error of principle demonstrated – no error of law or logic demonstrated in the primary judge's reasoning
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