The recommencement of proceedings in an Australian court after discontinuance of an earlier Australian proceeding and dismissal of a foreign proceeding on a procedural ground (without consideration of the merits) does not constitute an abuse of process where the defendant could not reasonably have considered the dispute at an end. The maintenance of parallel litigation in a foreign jurisdiction is not vexatious or oppressive if it offers remedies or advantages not available in the domestic forum. UBS AG v Tyne is distinguishable where the foreign proceeding was dismissed on a procedural ground rather than determined on the merits.
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