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DTR21 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1237 — BarristerAI

DTR21 v Minister for Immigration, Citizenship and Multicultural Affairs

[2022] FCA 1237

Federal Court of Australia17 October 2022

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Judges

Rofe J

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Case Details

Citation[2022] FCA 1237

CourtFCA

JurisdictionCommonwealth

Decision Date17 October 2022

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Judgment

Judges

Rofe 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.

DTR21 v Minister for Immigration, Citizenship and Multicultural Affairs 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.

DTR21 v Minister for Immigration, Citizenship and Multicultural Affairs at [37]

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