A court exercising jurisdiction under ss 25 and 26 of the Trans-Tasman Proceedings Act 2010 (Cth) to grant anti-enforcement injunctions must consider whether it is a clearly inappropriate forum under the [name withheld] test. The fraud exception to comity principles justifies the making of anti-enforcement injunctions with extra-territorial effect where a foreign judgment has been obtained by fraud, even where the foreign court has not set aside the judgment. The sufficiency of an undertaking as to damages is to be assessed as part of the totality of the balance of convenience, not as a step anterior thereto, and existing parallel foreign court orders restraining the same conduct are relevant to that assessment.
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