INDUSTRIAL LAW – application to declare restrictive covenants in an employment contract and shareholder agreement invalid – where each of the clauses are respectively the subject of exclusive jurisdiction clauses of New South Wales and England and Wales – applications for declarations that the employment ceased by reason of redundancy and also as to how the cessation of employment was recognised under the Articles of Association
PRACTICE AND PROCEDURE – application by the sixth and seventh respondents for a stay of proceedings as against them on the basis that the dispute is the subject of a foreign exclusive jurisdiction clause – whether there are strong countervailing circumstances to not order a stay
PRIVATE INTERNATIONAL LAW – Forum – Exclusive jurisdiction clause – Whether strong reasons not to grant stay of proceedings – whether a strong countervailing circumstance includes where there are two related exclusive jurisdiction clauses pertaining to different jurisdictions and the potential for common questions of fact and witnesses – application dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1356
For more information, see the original judgement.
