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Shaanxi Nutracare Australia Pty Ltd v Viplus Dairy Pty Ltd [2021] FCA 1015 — BarristerAI

Shaanxi Nutracare Australia Pty Ltd v Viplus Dairy Pty Ltd

[2021] FCA 1015

Federal Court of Australia25 August 2021

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Judges

O'Callaghan J

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Case Details

Citation[2021] FCA 1015

CourtFCA

JurisdictionCommonwealth

Decision Date25 August 2021

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Judgment

Judges

O'callaghan J

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.

Shaanxi Nutracare Australia Pty Ltd v Viplus Dairy Pty Ltd 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.

Shaanxi Nutracare Australia Pty Ltd v Viplus Dairy Pty Ltd at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.