Otis Elevator Company v Guide Rails [2002] NSWSC 1004

New South Wales Supreme Court

CITATION : Otis Elevator Company v Guide Rails [2002] NSWSC 1004 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4383/00 HEARING DATE(S) : 9 October 2002 JUDGMENT DATE : 9 October 2002

Otis Elevator Company Pty Limited (Plaintiff/First Cross-Defendant) Guide Rails Pty Limited (in liq) (First Defendant/Second Cross-Defendant) PARTIES : East Coast Rail Systems Inc (Second Defendant/First Cross-Claimant) Colorado Elevators Inc (Third Defendant/Second Cross-Claimant) Wood Parsons Pty Limited (in liq) (Third Cross-Defendant) JUDGMENT OF : Campbell J

COUNSEL : No Appearance (Plaintiff) R Eassie (First Defendant/Second Cross-Defendant) No appearance (Plaintiff/First Cross-Defendant) Coudert Brothers (First Defendant/Second Cross-Defendant) SOLICITORS : No appearance (Second Defendant/First Cross-Claimant) No appearance (Third Defendant/Second Cross-Claimant) No appearance (Third Cross-Defendant) CATCHWORDS : PRIVATE INTERNATIONAL LAW - procedure - interlocutory anti-suit injunction - tests for granting of - foreign proceedings raise same issues as have already been determined, or are pending, in New South Wales - foreign proceedings impugn the activities of one of the Court's own officers - PROCEDURE - anti-suit injunction - tests for granting of - foreign proceedings raise same issues as have already been determined, or are pending, in New South Wales - foreign proceedings impugn the activities of one of the Court's own officers - INJUNCTIONS - anti-suit injunctions - tests for granting of - foreign proceedings raise same issues as have already been determined, or are pending, in New South Wales - foreign proceedings impugn the activities of one of the Court's own officers CSR Limited v Cigna Insurance Australia Limited (1996) 189 CLR 345 CASES CITED : Re Siromath Pty Limited [No3] (1991) 25 NSWLR 25 Sydlow v TG Kotselas Pty Limited 91996) 20 ACSR 470 Voth v Manildra Flour Mills (1990) 171 CLR 538 DECISION : Injunction granted