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BJU17 v Minister for Immigration and Border Protection [2021] FCA 111 — BarristerAI

BJU17 v Minister for Immigration and Border Protection

[2021] FCA 111

Federal Court of Australia16 February 2021

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Judges

Greenwood J

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Case Details

Citation[2021] FCA 111

CourtFCA

JurisdictionCommonwealth

Decision Date16 February 2021

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For Australian Law.

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Judgment

Judges

Greenwood 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.

BJU17 v Minister for Immigration and Border Protection 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.

BJU17 v Minister for Immigration and Border Protection at [37]

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