Federal Court of Australia
Federal Court of Australia
Ayers Rock SkyShip Pty Ltd v Lindstrand Technologies Limited [2022] FCA 1208 File number: NSD 905 of 2021
Judgment of: BROMWICH J
Date of judgment: 14 October 2022
Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking orders for a permanent stay of proceedings brought under the Australian Consumer Law (ACL) – where parallel proceedings were first brought in the United Kingdom – where stay application is based on the existence of an exclusive jurisdiction clause binding the parties to submit to UK courts – whether UK courts have and would exercise jurisdiction over ACL claims – whether this Court is a clearly inappropriate forum – whether there are "strong reasons" to refuse the grant of a stay – Held: stay refused, application dismissed with costs
Legislation: Competition and Consumer Act 2010 (Cth) Pt IV; Sch 2; ss 4(1), 18, 18(1), 21, 29, 29(1), 236(1) Fair Trading Act 1987 (NSW) Pt 3 Trade Practices Act 1974 (Cth) (repealed) ss 51A, 52
Cases cited: Akai Pty Ltd v People's Insurance Co Ltd [1996] HCA 39; 188 CLR 418 Ayers Rock SkyShip Pty Ltd v Voyages Indigenous Tourism Australia Pty Ltd [2019] NSWSC 828 Carnival plc v Karpik (The Ruby Princess) [2022] FCAFC 149 CSR Ltd v Cigna Insurance Australia Ltd [1997] HCA 33; 189 CLR 345 at 391 Epic Games Inc v Apple Inc [2021] FCAFC 122; 286 FCR 105 Faxtech Pty Ltd v ITL Optronics Ltd [2011] FCA 1320 Henry v Henry [1996] HCA 51; 185 CLR 571 Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (No 5) (1998) 90 FCR 1 Home Ice Cream Pty Ltd v McNabb Technologies LLC (No. 2) [2018] FCA 1093 Hume Computers Pty Ltd ACN 003 154 827 v Exact International BV [2006] FCA 1440 Oceanic Sun Line Special Shipping Co Inc v Fay [1988] HCA 32; 165 CLR 197 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd [1981] HCA 7; 148 CLR 457 Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55; 171 CLR 538 Wang v Zhao [2012] NSWSC 706
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