R v Dowdy

[2005] VSC 68

Supreme Court of Victoria28 February 2005

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Case Details

Citation[2005] VSC 68

CourtVSC

JurisdictionVic

Decision Date28 February 2005

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For Australian Law.

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Judgment

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief.

R v Dowdy at [30]

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

R v Dowdy at [37]

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Case Details

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Judgment

Built by Barristers,
For Australian Law.