Telesto Investments Ltd & ors v UBS AG

[2012] NSWSC 44

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. CONFLICT OF LAWS — stay of proceedings — anti-suit injunction granted in Singapore — whether New South Wales is forum non conveniens — whether duplication of proceedings is vexatious or oppressive — whether commencing or continuing proceedings in New South Wales amounts to an abuse of process — whether enforceability of foreign judgment where non-monetary relief sought relevant to granting a stay
1. CONFLICT OF LAWS — stay of proceedings — principles of comity — where New South Wales proceedings commenced in breach of anti-suit injunction granted in Singapore — foreign anti-suit injunction a factor to be taken into account when exercising discretion to grant stay but not determinative
1. CONFLICT OF LAWS — choice of law — tort — misrepresentation — cross-border communications over telephone — law of jurisdiction where communication reasonably expected to be received is proper law of the misrepresentation
1. PROCEDURE — issue estoppel — foreign judgment as basis of estoppel — estoppel said to arise from finding in Singapore regarding question of forum non conveniens — different legal test for forum non conveniens in Singapore and Australia — precise identification of the legal issue — no issue estoppel in relation to forum non conveniens question — issue estoppel in relation to finding by Singapore court whether New South Wales proceedings vexatious and oppressive