Chandrasekaran v Navaratnem [2022] NSWSC 346

Supreme Court New South Wales

Medium Neutral Citation: Chandrasekaran v Navaratnem [2022] NSWSC 346 Hearing dates: On the papers Date of orders: 30 March 2022 Decision date: 30 March 2022 Jurisdiction: Common Law Before: Garling J Decision: (1) Order, pursuant to r 11.6 of the Uniform Civil Procedure Rules 2005, that the proceedings be permanently stayed. (2) Order that the plaintiff pay the defendant's costs of the proceedings including all reserved costs. Catchwords: PRIVATE INTERNATIONAL LAW — jurisdiction — non-exercise of jurisdiction — forum non conveniens — proceedings permanently stayed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 11.6 Cases Cited: Chandrasekaran v Navaratnem [2021] NSWSC 1446 Henry v Henry (1996) 185 CLR 571; [1996] HCA 51 Oceanic Sun Line Special Shipping Co Inc v Fay (1988) 165 CLR 197 Regie Nationale des Usines Renault SA v Zhang (2002) 210 CLR 491; [2002] HCA 10 Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460 Studorp Ltd v Robinson [2012] NSWCA 382 Voth v Manildra Flour Mills (1990) 171 CLR 538; [1990] HCA 55 Texts Cited: Not applicable Category: Principal judgment Parties: Sujatha Chandrasekaran (Plaintiff/Respondent) Kannan Navaratnem (Defendant/Applicant) Representation: Solicitors: Clyde & Co Australia (Defendant/Applicant) File Number(s): 2019/260333 Publication restriction: Not applicable

Judgment 1. The background to this matter is set out in an earlier judgment I delivered on 9 November 2021: Chandrasekaran v Navaratnem [2021] NSWSC 1446. 2. On that day, I made the following orders: 1. Vacate the hearing of the defendant's Notice of Motion filed 11 December 2019 fixed for that day. 2. Order that any further determination of the Motion take place on the papers and in Chambers. 3. Direct that, if the plaintiff wishes to file any further submissions in opposition to the relief sought in the defendant's Notice of Motion, then any such submissions should be filed and served by no later than 4pm, 26 November 2021. 4. Order the defendant to file and serve any submissions in reply to the plaintiff's submissions by 4pm, 3 December 2021. 5. Upon receipt of the last set of submissions, judgment in this matter will be reserved, and that judgment will be determined on the basis of all the papers which have been filed to date. 6. Reserve all questions of costs of and occasioned by the vacation of today's hearing date. 7. Grant both parties liberty to apply. 1. The plaintiff has not filed any further submissions in accordance with Order 3 of those orders. Accordingly, the defendant has not filed any submissions in reply in accordance with Order 4. 2. By his Notice of Motion filed 11 December 2019, the defendant seeks the following orders: "1. An order pursuant to r 11.6 of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR") or s 67 of the Civil Procedure Act 2005 (NSW) that the proceedings be permanently stayed on the basis of forum non conveniens. In the event that the Court does not grant the order sought in prayer 1[:] 2. An order pursuant to r 13.4 of the UCPR, that the proceedings be dismissed on the basis that they are frivolous and vexatious. 3. Alternatively, an order pursuant to r 14.28 of the UCPR that the amended statement of claim be struck out. 4. Plaintiff to pay the costs of the notice of motion. 5. Plaintiff to pay the costs of the proceedings."