Gan v Export-Import Bank of Malaysia Berhad [2017] NSWSC 176

Gan v Export-Import Bank of Malaysia Berhad [2017] NSWSC 176

Assuming without deciding that service on the Bank was authorised by the Rules, the Court should not assume jurisdiction because the same issues had been finally determined adversely to the plaintiffs in Malaysian proceedings in which they participated with solicitors and counsel, there was no evidentiary basis to impugn those judgments, and the NSW proceedings had no prospects of success.

Jurisdiction
Australia
Judgment Date
02 March 2017
Procedural Posture
Summons Concerning Service on Foreign Corporation and Whether the Court Should Assume Jurisdiction / Defendant/applicant's Notice of Motion Under Uniform Civil Procedure Rules 2005 (nsw) R 11.6 to Dismiss the Proceedings
Outcome
Summons dismissed with costs
Legal Topics
['service on Foreign Corporation' 'assumption of Jurisdiction' 'inappropriate Forum' 'prospects of Success' 'foreign Judgments']
['private International Law' 'civil Procedure'] ['service on Foreign Corporation' 'assumption of Jurisdiction' 'inappropriate Forum' 'prospects of Success' 'foreign Judgments']

Case Brief

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Procedural Posture

Summons Concerning Service on Foreign Corporation and Whether the Court Should Assume Jurisdiction / Defendant/applicant's Notice of Motion Under Uniform Civil Procedure Rules 2005 (nsw) R 11.6 to Dismiss the Proceedings

Legal Issues

  1. 1 ['Whether service of the summons on the Malaysian corporation was authorised by the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the Court should assume jurisdiction where the dispute had already been finally determined in Malaysian courts.' 'Whether the proceedings had sufficient prospects of success to warrant requiring the defendant to defend them.' 'Whether the Court was an inappropriate forum for the trial of the proceedings.']

Ratio Decidendi

Assuming without deciding that service on the Bank was authorised by the Rules, the Court should not assume jurisdiction because the same issues had been finally determined adversely to the plaintiffs in Malaysian proceedings in which they participated with solicitors and counsel, there was no evidentiary basis to impugn those judgments, and the NSW proceedings had no prospects of success.

Court Disposition

Summons dismissed with costs

Orders

  • ['The proceedings must be dismissed with costs.']