The Court granted a partial anti-suit injunction restraining defendants from pursuing in California only those Cross-Complaint claims falling within exclusive NSW jurisdiction clauses (rescission of agreements containing such clauses, breach of the Co-Production Deal Memo which had a non-exclusive NSW clause, and a derivative claim brought without leave under the Corporations Act), but declined to restrain claims against individual producers who were not parties to the NSW proceedings or bound by exclusive jurisdiction clauses. The Court held that where exclusive jurisdiction clauses are broad enough to capture rescission claims, and the same factual matrix underlies rescission of related agreements without such clauses, all rescission claims should be heard together in NSW. On the derivative action, the Court held that the defendants bore the onus of proving Californian law permitted a shareholder derivative action without leave, and having failed to do so, the presumption that foreign law mirrors Australian law applied, requiring compliance with s 237 of the Corporations Act.
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