PRIVATE INTERNATIONAL LAW — jurisdiction — whether Singapore court had jurisdiction — whether defendant in Singapore proceedings submitted to jurisdiction of Singapore — whether proceedings determined in Singapore were within the ambit of the contractual submission to jurisdiction clause — relevance of contractual submission to jurisdiction clause where the relief sought in the local forum includes the setting aside of the contract containing the jurisdiction clause — whether contractual jurisdiction clause is against public policy if it has the effect of precluding prosecution of claims under consumer protection legislation in Australia — whether defendant submitted to Singapore jurisdiction by its conduct.
PRIVATE INTERNATIONAL LAW — stay of local proceedings — earlier judgment in Singapore — whether an ex parte hearing in a foreign jurisdiction resulting in a brief ex tempore judgment can give rise to res judicata, issue estoppel, Anshun estoppel or a plea of abuse of process — whether an earlier foreign judgment can gives rise to equivalent preclusionary doctrines under the law of the foreign jurisdiction.
PROCEDURE — res judicata — whether causes of action in pending New South Wales proceedings are in substance the same as those determined in earlier Singapore proceedings.
PROCEDURE — issue estoppel — whether findings apparently made in the earlier Singapore proceedings give rise to issue estoppel — precise identification of findings which are legally indispensable to the ultimate outcome in the earlier Singapore proceedings.
Case Details
Citation[2013] NSWSC 503
CourtNSWSC
JurisdictionNew South Wales
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