Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited [2024] FCA 1193

Federal Court of Australia

Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited [2024] FCA 1193 File number: NSD 106 of 2022

Judgment of: MOSHINSKY J

Date of judgment: 11 October 2024

Catchwords: CONFLICT OF LAWS – anti-anti-suit-injunction – where there are ten proceedings (the Greensill Proceedings) before this Court in which the applicants seek judgment against Insurance Australia Limited in respect of amounts alleged to be payable under insurance policies – where Marsh Limited (an English company) and Marsh Pty Ltd (an Australian company) applied on an ex parte basis to the High Court of Justice of England and Wales for an anti-suit injunction to restrain GBAG and the insolvency administrator of GBAG from bringing a claim against them in the Greensill Proceedings – where the English Court granted on an interim basis the anti-suit relief sought by Marsh Limited but not Marsh Pty Ltd – where GBAG and the insolvency administrator seek interim anti-anti-suit relief to restrain Marsh Limited and Marsh Pty Ltd from taking further steps in the English proceeding on the basis that, in obtaining the interim order from the English Court, they used documents discovered in the Greensill Proceedings that had not gone into evidence, and thereby breached the implied undertaking – applicable principles relating to anti-anti-suit injunctions – whether the orders sought would be contrary to principles of comity – held: anti-anti-suit relief granted in respect of Marsh Pty Ltd but not Marsh Limited

Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 12DA Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, s 18 Corporations Act 2001 (Cth), s 1041H