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Recent developments in Private International Law—1974–1975

Recent developments in Private International Law—1974–1975 Recent developments in Private International Law-1974-1975 P. E. Nygh Professor of Law, Macquarie University Jurisdiction There were very few important decisions on the question of jurisdiction in Australia in 1974 and 1975. The decision of the House of Lords in The Atlantic Starl widening the concept of oppression and vexation to the point that the applicant for a stay of proceedings need only show that the plaintiff's legitimate advantage is outweighed by the disadvantage of the defendant was referred to in three Australian cases. In Clutha Developments Pty Limited v Marion Power Shovel Co Inc,2 an application by the defendant for a stay of proceedings on the ground that there was already litigation pending in the United States between the same parties on the same subject matter was refused. Although The Atlantic Star was referred to with approval, that case was distinguished by Master Cantor QC on the ground that the present proceedings did have a substantial connection with the forum. In Keenco v South Australian and Territory Air Service Ltd,3 Hogarth, J., distinguished The Atlantic Star on a similar basis: that the only connection between the parties and the English court in that case was the chance arrival http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

Recent developments in Private International Law—1974–1975

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-006-01-900000013
Publisher site
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Abstract

Recent developments in Private International Law-1974-1975 P. E. Nygh Professor of Law, Macquarie University Jurisdiction There were very few important decisions on the question of jurisdiction in Australia in 1974 and 1975. The decision of the House of Lords in The Atlantic Starl widening the concept of oppression and vexation to the point that the applicant for a stay of proceedings need only show that the plaintiff's legitimate advantage is outweighed by the disadvantage of the defendant was referred to in three Australian cases. In Clutha Developments Pty Limited v Marion Power Shovel Co Inc,2 an application by the defendant for a stay of proceedings on the ground that there was already litigation pending in the United States between the same parties on the same subject matter was refused. Although The Atlantic Star was referred to with approval, that case was distinguished by Master Cantor QC on the ground that the present proceedings did have a substantial connection with the forum. In Keenco v South Australian and Territory Air Service Ltd,3 Hogarth, J., distinguished The Atlantic Star on a similar basis: that the only connection between the parties and the English court in that case was the chance arrival

Journal

The Australian Year Book of International Law Online – Brill

Published: Jan 1, 1978

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