Exhibit Design and Construction Pty Ltd v Azam [2024] FCA 1296

Exhibit Design and Construction Pty Ltd v Azam [2024] FCA 1296

The Federal Court can and should grant an anti-suit injunction restraining the respondents from proceeding in ACAT because only the Federal Court can hear both parties’ claims in full. There is a serious issue to be tried as to the contract termination and quantum. Continuing parallel proceedings risks conflicting judgments, inefficiency, and undermines public confidence. The balance of convenience and interests of justice favour the injunction, despite prejudice to the respondents, particularly as the applicant's failure to adduce evidence about quantum is treated as an oversight rather than a deliberate attempt to circumvent ACAT jurisdiction.

Parties
Applicant: Exhibit Design and Construction Pty Ltd; First Respondent: Haider Amir Azam; Second Respondent: Shamaila Azam
Jurisdiction
Australia
Judgment Date
07 November 2024
Procedural Posture
Interlocutory Application for Anti Suit Injunction / Interlocutory (orders and Reasons on Application for Injunction)
Outcome
Anti-suit injunction granted restraining the respondents from proceeding in ACAT (except to stay or discontinue); costs of interlocutory application are respondents’ costs in the cause; proceeding to be docketed.
Legal Topics
Anti Suit Injunction, Duplicate Proceedings, Jurisdiction, Administration of Justice, Enforcement of Building Contracts
Civil Procedure Commercial Law Contract Law Anti Suit Injunction Duplicate Proceedings Jurisdiction Administration of Justice Enforcement of Building Contracts

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Parties

Exhibit Design and Construction Pty Ltd

Applicant

Haider Amir Azam

First Respondent

Shamaila Azam

Second Respondent

Procedural Posture

Interlocutory Application for Anti Suit Injunction / Interlocutory (orders and Reasons on Application for Injunction)

Legal Issues

  1. 1 Whether the Court should grant an anti-suit injunction restraining the respondents from proceeding in the ACT Civil and Administrative Tribunal (ACAT) in respect of the same dispute as in the Federal Court proceeding
  2. 2 Whether there is a serious issue to be tried as to the applicant’s claim exceeding ACAT’s jurisdictional threshold
  3. 3 Whether the balance of convenience and interests of justice favour the grant of the injunction

Ratio Decidendi

The Federal Court can and should grant an anti-suit injunction restraining the respondents from proceeding in ACAT because only the Federal Court can hear both parties’ claims in full. There is a serious issue to be tried as to the contract termination and quantum. Continuing parallel proceedings risks conflicting judgments, inefficiency, and undermines public confidence. The balance of convenience and interests of justice favour the injunction, despite prejudice to the respondents, particularly as the applicant's failure to adduce evidence about quantum is treated as an oversight rather than a deliberate attempt to circumvent ACAT jurisdiction.

Court Disposition

Anti-suit injunction granted restraining the respondents from proceeding in ACAT (except to stay or discontinue); costs of interlocutory application are respondents’ costs in the cause; proceeding to be docketed.

Orders

  • The respondents be restrained from taking any further steps directly or indirectly in proceeding XD664/2024 in the ACT Civil and Administrative Tribunal (other than to stay or discontinue those proceedings).
  • The costs of the interlocutory application dated 31 October 2024 be the respondents' costs in the cause.