The applicant brought a proceeding to enforce a judgment of the Federal High Court of Nigeria in Queensland, on the basis of common law principles. The defendant company successfully applied for a permanent stay on the ground of forum non conveniens. It was found that Virgtel Ltd did not have any assets in Queensland, making Queensland a clearly inappropriate forum. Crow J held that two separate sums of money being held on trust pursuant to orders made by Daubney J in other Queensland proceedings to which Virgtel Ltd was a party, were not assets of Virgtel Ltd.
Shane Monks appeared for the applicant, instructed by James Conomos Lawyers.
The judgment is published here.