A court hearing an application for a stay under s 17 of the Trans-Tasman Proceedings Act 2010 (Cth) on forum non conveniens grounds cannot use that occasion to make abuse of process findings and stay orders under the inherent jurisdiction or s 67 of the Civil Procedure Act 2005 (NSW) when no such application has been made and the plaintiff has not had the opportunity to address the arguable merits of the claim.
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