Bolin Technology Co., Ltd v BirdDog Technology Ltd [2024] FCA 129

Bolin Technology Co., Ltd v BirdDog Technology Ltd [2024] FCA 129

The applicant demonstrated substantial urgency, an imminent threat of anti-suit injunction in the US proceeding, and a well apprehended risk of significant harm if the relief is not granted, justifying the grant of a short ex parte anti-anti-suit injunction to preserve the status quo and protect the integrity of the Australian Court's processes pending an inter partes hearing.

Parties
Applicant: Bolin Technology Co., Ltd; First Respondent: BirdDog Technology Ltd; Second Respondent: BirdDog Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
22 February 2024
Procedural Posture
Interlocutory Application / Ex Parte Anti Anti Suit Injunction Prior to Return Date
Outcome
Ex parte anti-anti-suit injunction granted; matter listed for further hearing
Legal Topics
Anti Anti Suit Injunction, Interlocutory Relief, Australian Consumer Law, Balance of Convenience
Practice and Procedure Commercial Law Anti Anti Suit Injunction Interlocutory Relief Australian Consumer Law Balance of Convenience

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Bolin Technology Co., Ltd

Applicant

BirdDog Technology Ltd

First Respondent

BirdDog Australia Pty Ltd

Second Respondent

Procedural Posture

Interlocutory Application / Ex Parte Anti Anti Suit Injunction Prior to Return Date

Legal Issues

  1. 1 Whether to grant an ex parte anti-anti-suit injunction to restrain the respondents from pursuing an anti-suit injunction in the United States restraining the Australian proceeding
  2. 2 Whether the urgency and balance of convenience justify the grant of interlocutory relief

Ratio Decidendi

The applicant demonstrated substantial urgency, an imminent threat of anti-suit injunction in the US proceeding, and a well apprehended risk of significant harm if the relief is not granted, justifying the grant of a short ex parte anti-anti-suit injunction to preserve the status quo and protect the integrity of the Australian Court's processes pending an inter partes hearing.

Court Disposition

Ex parte anti-anti-suit injunction granted; matter listed for further hearing

Orders

  • Leave to file the interlocutory application and supporting affidavit forthwith
  • Respondents restrained until 5pm on the return date from taking any further step in the US proceeding to seek to restrain or interfere with the Australian interlocutory proceedings, including applying for an anti-suit injunction