Murakami v Wiryadi & Ors [2006] NSWSC 1354

Murakami v Wiryadi & Ors [2006] NSWSC 1354

Because the key issues concern Indonesian law and alleged implied duties arising from Indonesian custom, criminal law, and court business efficacy, and given that most parties reside in Indonesia and the events in dispute are centered there, the Supreme Court of New South Wales is a clearly inappropriate forum. The proceedings are vexatious and oppressive in the Voth sense and should be stayed pending undertakings to permit evidence use in Indonesian proceedings.

Parties
Plaintiff/respondent: Takako Murakami; 1st Defendant/applicant: Louise Maria Wiryadi; 2nd Defendant/applicant: Ryuji Murakami; 3rd Defendant/applicant: Ryuzo Murakami
Jurisdiction
Australia
Judgment Date
07 December 2006
Procedural Posture
Equity Proceedings / Stay Application; Early Stage, Defences Not Filed
Outcome
Stay of proceedings ordered conditional on undertakings
Legal Topics
Stay of Proceedings, Forum Non Conveniens, Implied Obligations, Undisclosed Assets, Cross Border Estates, Marital Property Division
Private International Law Succession Law Trusts Stay of Proceedings Forum Non Conveniens Implied Obligations Undisclosed Assets Cross Border Estates +1 more

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Parties

Takako Murakami

Plaintiff/respondent

Louise Maria Wiryadi

1st Defendant/applicant

Ryuji Murakami

2nd Defendant/applicant

Ryuzo Murakami

3rd Defendant/applicant

Procedural Posture

Equity Proceedings / Stay Application; Early Stage, Defences Not Filed

Legal Issues

  1. 1 Whether the Supreme Court of New South Wales is a clearly inappropriate forum for the dispute involving Indonesian law
  2. 2 Whether proceedings should be stayed pending the outcome of litigation in Indonesia
  3. 3 Whether implied obligations existed to disclose foreign assets in Indonesian property proceedings

Ratio Decidendi

Because the key issues concern Indonesian law and alleged implied duties arising from Indonesian custom, criminal law, and court business efficacy, and given that most parties reside in Indonesia and the events in dispute are centered there, the Supreme Court of New South Wales is a clearly inappropriate forum. The proceedings are vexatious and oppressive in the Voth sense and should be stayed pending undertakings to permit evidence use in Indonesian proceedings.

Court Disposition

Stay of proceedings ordered conditional on undertakings

Orders

  • Proceedings stayed upon undertakings by defendants to permit consent to tender documents obtained under subpoena or notice to produce in Indonesian court proceedings and to release the plaintiff from implied undertaking not to use documents for any purpose other than the New South Wales proceedings.
  • Parties directed to bring in short minutes of order reflecting the reasons.