Thompson v Lane (Trustee) (No 2)

[2021] FCA 1663

Federal Court of Australia16 December 2021

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Judges

Logan J

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Case Details

Citation[2021] FCA 1663

CourtFCA

JurisdictionCommonwealth

Decision Date16 December 2021

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Judgment

Judges

Logan J

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.

Thompson v Lane (Trustee) (No 2) at [30]

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.

Thompson v Lane (Trustee) (No 2) at [37]

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