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R v Faehndrich [2008] NSWSC 877 — BarristerAI

R v Faehndrich

[2008] NSWSC 877

Supreme Court of NSW

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Case Details

Citation[2008] NSWSC 877

CourtNSWSC

JurisdictionNsw

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Authorities Cited6›

Cases considered by R v Faehndrich

Referred to (6)

Regina v Fidow [2004] NSWCCA 172 R v Hemsley [2004] NSWCCA 228 R v Merritt [2004] NSWCCA 19 R v Israil [2002] NSWCCA 255 Salameh v R [2024] NSWCCA 239

Subsequent Judicial Consideration2›

Cases that have considered R v Faehndrich

Referred to (2)

[2012] NSWSC 229 Archer v R [2017] NSWCCA 151

Judicial Consideration (Chronological)

[2012] NSWSC 229Referred to

Archer v R [2017] NSWCCA 151Referred to

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 Faehndrich 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 Faehndrich at [37]