Alstom Limited & Ors v Sirakas (No. 2) [2012] NSWSC 64

Alstom Limited & Ors v Sirakas (No. 2) [2012] NSWSC 64

New South Wales is not a clearly inappropriate forum as the parties, during the relevant period, agreed to the exclusive jurisdiction of Australian courts for disputes arising from events occurring during the currency of the International Mobility Agreement. The evidence does not establish that the exclusive jurisdiction clause was invalid or terminated under Romanian law. The pendency of criminal investigations in Romania does not warrant a stay of the civil proceedings in New South Wales. The application for production of additional documents is refused as their relevance is not demonstrated.

Jurisdiction
Australia
Judgment Date
15 February 2012
Procedural Posture
Interlocutory Application / Notice of Motion Seeking Stay of Proceedings
Outcome
Defendant's notice of motion dismissed
Legal Topics
['stay of Proceedings' 'forum Non Conveniens' 'exclusive Jurisdiction Clauses' 'pending Criminal Prosecution' 'production of Documents']
['practice and Procedure' 'private International Law'] ['stay of Proceedings' 'forum Non Conveniens' 'exclusive Jurisdiction Clauses' 'pending Criminal Prosecution' 'production of Documents']

Case Brief

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Procedural Posture

Interlocutory Application / Notice of Motion Seeking Stay of Proceedings

Legal Issues

  1. 1 ['Whether New South Wales is a clearly inappropriate forum for the dispute' 'Whether parties agreed to submit present disputes to the exclusive jurisdiction of Australian courts' 'Whether exclusive jurisdiction clause is valid under Romanian law' 'Effect of pending criminal investigations in Romania on the conduct of civil proceedings' 'Entitlement to discovery and production of certain documents']

Ratio Decidendi

New South Wales is not a clearly inappropriate forum as the parties, during the relevant period, agreed to the exclusive jurisdiction of Australian courts for disputes arising from events occurring during the currency of the International Mobility Agreement. The evidence does not establish that the exclusive jurisdiction clause was invalid or terminated under Romanian law. The pendency of criminal investigations in Romania does not warrant a stay of the civil proceedings in New South Wales. The application for production of additional documents is refused as their relevance is not demonstrated.

Court Disposition

Defendant's notice of motion dismissed

Orders

  • ["Order that the defendant's notice of motion filed on 7 April 2011 be dismissed" "Defendant to pay the plaintiffs' costs of the notice of motion (subject to hearing on costs)"]