Morris v McConaghy Australia Pty Ltd (No 3) [2018] FCA 606

Morris v McConaghy Australia Pty Ltd (No 3) [2018] FCA 606

The Court granted the ex parte anti-suit injunction because there was prima facie circumstantial evidence that the Hong Kong proceeding had been commenced to harass Mr Morris and put him to the expense of litigating in multiple courts, rather than from a genuine interest by MC2 in using the processes of the High Court of Hong Kong.

Jurisdiction
Australia
Judgment Date
09 April 2018
Procedural Posture
Application for Anti Suit Injunction in Respect of Proceedings in the High Court of the Hong Kong Special Administrative Region / Ex Parte Interlocutory Application
Outcome
Ex parte anti-suit injunction granted until further order.
Legal Topics
['anti Suit Injunction' 'foreign Proceedings' 'forum Non Conveniens' 'service Out of Jurisdiction' 'commercial Contracts']
['private International Law' 'commercial and Corporations'] ['anti Suit Injunction' 'foreign Proceedings' 'forum Non Conveniens' 'service Out of Jurisdiction' 'commercial Contracts']

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Procedural Posture

Application for Anti Suit Injunction in Respect of Proceedings in the High Court of the Hong Kong Special Administrative Region / Ex Parte Interlocutory Application

Legal Issues

  1. 1 ['Whether the Second Respondent should be restrained from prosecuting or continuing proceedings in Action No 712 of 2018 in the High Court of the Hong Kong Special Administrative Region.' 'Whether there was prima facie evidence that the Hong Kong proceeding was commenced to harass the Applicant and put him to the expense of litigating in multiple courts.']

Ratio Decidendi

The Court granted the ex parte anti-suit injunction because there was prima facie circumstantial evidence that the Hong Kong proceeding had been commenced to harass Mr Morris and put him to the expense of litigating in multiple courts, rather than from a genuine interest by MC2 in using the processes of the High Court of Hong Kong.

Court Disposition

Ex parte anti-suit injunction granted until further order.

Orders

  • ['Until further order of the Court the Second Respondent be restrained from prosecuting or continuing with the proceedings in Action No 712 of 2018 in the High Court of the Hong Kong Special Administrative Region.' 'A copy of this be served on the Second Respondent in accordance with the methods set out in order 3...