BANK OF AMERICA and ANOR v BANK OF NEW YORK and ANOR [1994] NSWCA 17

BANK OF AMERICA and ANOR v BANK OF NEW YORK and ANOR [1994] NSWCA 17

No error shown in Rolfe J's order staying proceedings in New South Wales on forum non conveniens grounds; amendments to Supreme Court Rules do not justify proceedings against foreign residents absent prima facie or arguable case within Pt10 RIA; possible deprivation of Trade Practices Act claim does not constitute relevant forensic advantage to outweigh forum inappropriateness; leave to appeal refused.

Parties
Claimant: Bank of America; Claimant: Bank of America Australia Ltd; Opponent: Bank of New York; Opponent: Bank of New York Australia Ltd
Jurisdiction
Australia
Judgment Date
23 December 1994
Procedural Posture
Leave to Appeal / Summons for Leave to Appeal
Outcome
leave to appeal dismissed
Legal Topics
Forum Non Conveniens, Concurrent Proceedings, Deprivation of Legitimate Forensic Advantage, Trade Practices Act Claim, Supreme Court Rules
Practice and Procedure Trade Practices Forum Non Conveniens Concurrent Proceedings Deprivation of Legitimate Forensic Advantage Trade Practices Act Claim Supreme Court Rules

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Parties

Bank of America

Claimant

Bank of America Australia Ltd

Claimant

Bank of New York

Opponent

Bank of New York Australia Ltd

Opponent

Procedural Posture

Leave to Appeal / Summons for Leave to Appeal

Legal Issues

  1. 1 Whether stay of NSW proceedings under forum non conveniens deprives party of legitimate forensic advantage.
  2. 2 Meaning and application of Pt10 RIA and R2 of Supreme Court Rules.
  3. 3 Whether there is an arguable case within Pt10 RIA SCR to proceed against a foreign resident.

Ratio Decidendi

No error shown in Rolfe J's order staying proceedings in New South Wales on forum non conveniens grounds; amendments to Supreme Court Rules do not justify proceedings against foreign residents absent prima facie or arguable case within Pt10 RIA; possible deprivation of Trade Practices Act claim does not constitute relevant forensic advantage to outweigh forum inappropriateness; leave to appeal refused.

Court Disposition

leave to appeal dismissed

Orders

  • Summons dismissed with costs.