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…
19-7-21 / Michael Hodge KC — Competition & Consumer, International
Epic Games alleged that Apple contravened ss 45, 46, and 47 (Pt IV) of the Competition and Consumer Act 2010 (Cth) concerning its App Store restrictions on iOS devices. Epic also alleged Apple contravened s 21 of the Australian Consumer Law. An app developer agreement governed their relationship. An exclusive jurisdiction clause required litigation between Epic…
Geoscience Resource Recovery LLC v Central Petroleum Ltd [2018] QCA 216
14-9-18 / Roger Traves KC — Contract, International
A case concerning service out of the jurisdiction and whether the claim related to a contract made by 1 or more parties carrying on business or residing in Queensland. Roger Traves QC (with D Butler) appeared for the successful respondent, instructed by Allens.
