Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Morris v McConaghy Australia Pty Ltd [2018] FCA 435 File number: NSD 1195 of 2017
Judge: RARES J
Date of judgment: 15 February 2018
Catchwords: PRIVATE INTERNATIONAL LAW – shareholders' dispute involving individual and companies incorporated outside Australia - application for leave to serve originating application out of jurisdiction on foreign shareholder under Federal Court Rules 2011 r 10.43 – application seeking relief including winding up of foreign company that carries on business in Australia as Part 5.7 body on just and equitable ground under Corporations Act 2001 (Cth) s 583(c)(ii) – whether foreign shareholders in Cayman Islands and Hong Kong properly joined as parties under item 20 of r 10.42 in proceeding against Australian company – where applicant managing director and shareholder alleged shareholders' agreement provided that Part 5.7 body operate as quasi-partnership, exclusion from management of Part 5.7 body and claims under Fair Work Act 2009 (Cth) against Australian company and Part 5.7 body – whether prima facie case for relief and jurisdiction to grant the relief claimed under r 10.43(4) PRIVATE INTERNATIONAL LAW– application by foreign shareholder for stay of proceedings on forum non conveniens grounds under Federal Court Rules 2011 r 13.01 – where shareholders' agreement confers non-exclusive jurisdiction on Hong Kong courts – consideration of residual discretion to refuse leave to serve outside Australia under Federal Court Rules 2011 r 10.43(4) – whether Australia clearly inappropriate forum – whether claims under Fair Work Act 2009 and Corporations Act 2001 discrete from shareholders' dispute – consideration of Court's duty under Federal Court of Australia Act 1976 (Cth) s 22 to avoid multiplicity of proceedings PRIVATE INTERNATIONAL LAW – application to discharge anti-anti-suit injunction against foreign shareholder in Cayman Islands and set aside service of interlocutory application for that injunction – application dismissed
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate