PRACTICE AND PROCEDURE – where respondent in Federal Court proceeding has filed proceedings in the United States (US Proceeding) – where respondent seeks a permanent or temporary stay of Federal Court proceeding on the basis that this Court is a clearly inappropriate forum – where connecting factors and legitimate personal or juridical advantages to proceeding commenced in Australia – application dismissed
PRACTICE AND PROCEDURE – where “anti-anti-suit injunction” sought by applicant in Federal Court proceeding restraining anti-suit application in US Proceeding – where there is a real possibility that applicant may not be able to bring its claims under the Australian Consumer Law in the US Proceeding – application granted
PRACTICE AND PROCEDURE – where broader anti-suit injunction sought by applicant restraining the respondents from continuing US Proceeding – where injunction not necessary for protection of Federal Court proceeding – where US Proceeding not vexatious or oppressive – application dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0286
For more information, see the original judgement.