Great Southern Loans & Anor v Locator Group [2005] NSWSC 438

Great Southern Loans & Anor v Locator Group [2005] NSWSC 438

Zcorp Pty Ltd is entitled to antisuit injunctions restraining Locator Group Pty Ltd from continuing or prosecuting proceedings commenced in breach of clauses 27.1 (arbitration) and 41 (exclusive jurisdiction) of their licence agreement because those clauses survived termination, the breaches were unconscionable or oppressive, and neither s 21 of the Service and Execution of Process Act 1992 (Cth) nor the existence of alternative remedies prevented equitable relief. Great Southern Loans Pty Ltd was not entitled to relief as there was no evidence that such contractual clauses bound its relationship with Locator.

Parties
Plaintiff 1: Great Southern Loans Pty Ltd; Plaintiff 2: Zcorp Pty Ltd; Defendant: Locator Group Pty Ltd
Jurisdiction
Australia
Judgment Date
13 May 2005
Procedural Posture
Equity Proceedings for Injunctive Relief and Declaratory Orders / Preliminary Application for Urgent Injunctive Relief; Separate Determination of Select Prayers for Relief
Outcome
Application by Great Southern Loans Pty Ltd refused; application by Zcorp Pty Ltd granted (relief as to prayers 9 and 11 of summons). Proceedings stood over for parties to bring in orders to give effect to reasons within 14 days.
Legal Topics
Antisuit Injunctions, Arbitration Clauses, Exclusive Jurisdiction Clauses, Forum Non Conveniens, Interpretation of Procedural and Substantive Contract Terms
Private International Law Equity Contract Law Civil Procedure Antisuit Injunctions Arbitration Clauses Exclusive Jurisdiction Clauses Forum Non Conveniens +1 more

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Parties

Great Southern Loans Pty Ltd

Plaintiff 1

Zcorp Pty Ltd

Plaintiff 2

Locator Group Pty Ltd

Defendant

Procedural Posture

Equity Proceedings for Injunctive Relief and Declaratory Orders / Preliminary Application for Urgent Injunctive Relief; Separate Determination of Select Prayers for Relief

Legal Issues

  1. 1 Whether clauses 27.1 (arbitration) and 41 (exclusive jurisdiction) of the licence agreement bind the parties and survive termination for breach; whether antisuit injunctions should be granted in equity to restrain proceedings commenced in Victorian courts in breach of those clauses; whether s 21 of the Service and Execution of Process Act 1992 (Cth) prevents the grant of relief; whether alternative remedies (such as a stay application in Victoria) preclude equitable injunctive relief; whether the Victorian proceedings are vexatious or oppressive

Ratio Decidendi

Zcorp Pty Ltd is entitled to antisuit injunctions restraining Locator Group Pty Ltd from continuing or prosecuting proceedings commenced in breach of clauses 27.1 (arbitration) and 41 (exclusive jurisdiction) of their licence agreement because those clauses survived termination, the breaches were unconscionable or oppressive, and neither s 21 of the Service and Execution of Process Act 1992 (Cth) nor the existence of alternative remedies prevented equitable relief. Great Southern Loans Pty Ltd was not entitled to relief as there was no evidence that such contractual clauses bound its relationship with Locator.

Court Disposition

Application by Great Southern Loans Pty Ltd refused; application by Zcorp Pty Ltd granted (relief as to prayers 9 and 11 of summons). Proceedings stood over for parties to bring in orders to give effect to reasons within 14 days.

Orders

  • Relief refused to Great Southern Loans Pty Ltd for orders to restrain Victorian Magistrate's Court proceedings and related prayers.
  • Zcorp Pty Ltd granted antisuit injunction restraining Locator Group Pty Ltd from continuing County Court of Victoria proceedings C1-05-01034, and from commencing further proceedings in other than Sydney courts without leave.