26 Oct 1983
SUSAN ELIZABETH HORTON v. GERARD FRANCIS HORTON AND ANOTHER
- Citation
- SUSAN ELIZABETH HORTON v. GERARD FRANCIS HORTON AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMC19/1983
The High Court has jurisdiction and, having balanced the critical considerations, granted a stay: because the wife filed first in Hong Kong, Hong Kong is the natural forum (parties reside and husband earns in Hong Kong), the Australian ground would extinguish the Hong Kong proceedings and thus cause injustice, and the continuance of dual proceedings would impose disproportionate financial and practical burdens on the wife, the husband is stayed from pursuing dissolution in Australia and the wife is directed not to proceed further in Australia.