An appeal for an order to lift a permanent stay on the basis that the respondent came into possession of assets in the jurisdiction. Originally, the appellants applied to register a foreign judgment in Queensland, namely an order issued by the Federal High Court of Nigeria that directed the respondent…
On an application to register a foreign judgment in Queensland, Crow J had granted a permanent stay on the basis of forum non conveniens as the defendant company had no assets in the jurisdiction. The plaintiff applied to set the stay aside. One of its arguments was that the costs…
18-11-21 / Shane Monks — Arbitration, International
An application to enforce a foreign arbitral award as a judgement of the Federal Court. The applicant, HongKong Henson Industrial Limited, entered into a contract to purchase mineral sands from the respondent, Victorian Ferries Pty Ltd. The contract provided for disputes concerning the contract to be settled by arbitration subject…
Kadam v MiiResorts Group 1 Pty Ltd (No 5) (2018) 129 ACSR 74; [2018] FCA 1086
20-7-18 / Shane Monks, Matthew Hickey OAM KC — Class Actions, Commercial Equity, Corporations, International, Land Law & Property
A class action and related proceeding by the Securities and Exchange Board of India, in which relief was sought on behalf of investors in a large "Ponzi" scheme operated in the Republic of India. The investors sought to trace their pooled funds from India, where they had been invested in…
