CSR LIMITED v CIGNA INSURANCE AUSTRALIA; CSR AMERICA INC v CIGNA INSURANCE AUSTRALIA [1995] NSWCA 108

CSR LIMITED v CIGNA INSURANCE AUSTRALIA; CSR AMERICA INC v CIGNA INSURANCE AUSTRALIA

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

Kirpy P, CLARKE JA and POWELL JA 11 September 1995 [1995] NSWCA 108

INJUNCTIONS — anti suit injunctions — application for leave to appeal — important and arguable points — whether grand of leave timely — further proceedings between parties before trial judge within three months — held: As parties could apply to have injunction extinguished or varied at first instance, leave to appeal not timely — hearing of summons postponed.

Kirby P. The statement which I now make is made on behalf of the Court.

Before the Court are two summonses for leave to appeal from interlocutory anti-suit injunctions ordered by Rolfe J on 15 August 1995 against CSR Limited and CSR America Inc, the claimants respectively in each summons.

The Court was informed at the outset of the hearing of the fact that Rolfe J has listed to commence on 4 December 1995, for a hearing of two weeks, proceedings for a stay of the claims on the grounds that New South Wales is a forum non conveniens. The final hearing of the injunction proceedings has not yet been fixed. However, presumably it will be some time in 1996.

It would be open to the claimants or either of them to seek to return before Rolfe J (either on 4 December 1995 or at some time earlier) or at some time later, motions either to extinguish the injunctions granted by his Honour or to refine and limit the terms of the orders made. Nothing that this Court says, or does, today is intended to interfere with the claimants" rights in that regard.

The issues raised by the claimants in support of the summonses for leave to appeal include, at least as the Court is presently minded to regard them, points of arguable importance possibly warranting examination by this Court at some time. The question is one of timing and the availability of time to this Court to give an early hearing, were leave now to be granted.