Jones v Treasury Wine Estates Limited [2016] FCAFC 59

Jones v Treasury Wine Estates Limited [2016] FCAFC 59

The Full Court held that applicants' pursuit of ex parte US court orders for oral depositions under 28 USC § 1782, without notice to the Court or the other party and outside the docket judge's case management, undermined the Court's exclusive control and supervisory role over the proceedings, particularly in a class action. Accordingly, to protect its processes and ensure judicial case management, the Federal Court has jurisdiction and should grant anti-suit injunctions restraining further steps in the US Proceedings.

Jurisdiction
Australia
Judgment Date
13 April 2016
Procedural Posture
Representative/class Action / Interlocutory Application (anti Suit Injunction) in Original Jurisdiction Before Full Court
Outcome
Application for anti-suit injunctions granted.
Legal Topics
['anti Suit Injunctions' 'class Actions' 'discovery and Evidence' 'judicial Case Management' 'foreign Court Proceedings' 'representative Proceedings']
['practice and Procedure' 'commercial Law' 'corporations Law'] ['anti Suit Injunctions' 'class Actions' 'discovery and Evidence' 'judicial Case Management' 'foreign Court Proceedings' 'representative Proceedings']

Case Brief

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Procedural Posture

Representative/class Action / Interlocutory Application (anti Suit Injunction) in Original Jurisdiction Before Full Court

Legal Issues

  1. 1 ['Whether the Federal Court of Australia has jurisdiction to grant anti-suit injunctions restraining applicants in a class action from pursuing oral discovery (depositions) pursuant to 28 USC § 1782 in US courts' "Whether the conduct of seeking such US orders without notice to the Court or other parties undermines the Court's processes and case management" "Whether the Court's processes and supervisory role under Part IVA of the Federal Court of Australia Act 1976 (Cth) justify injunctive relief"]

Ratio Decidendi

The Full Court held that applicants' pursuit of ex parte US court orders for oral depositions under 28 USC § 1782, without notice to the Court or the other party and outside the docket judge's case management, undermined the Court's exclusive control and supervisory role over the proceedings, particularly in a class action. Accordingly, to protect its processes and ensure judicial case management, the Federal Court has jurisdiction and should grant anti-suit injunctions restraining further steps in the US Proceedings.

Court Disposition

Application for anti-suit injunctions granted.

Orders

  • ['The applicant is restrained from taking any further steps in connection with the US proceedings in the Southern District of New York, except to withdraw or discontinue those proceedings.' 'The applicant is restrained from taking or participating in any oral deposition of Stephen Brauer pursuant to any US court...