ALLSTATE LIFE INSURANCE COMPANY AND OTHERS V AUSTRALIA & NEW ZEALAND BANKING GROUP LTD AND OTHERS

(1994) 3 Re LR 282

Australia Federal Court of Australia New South Wales District Registry General Division

Before Justice Lindgren

Conflict of laws - Jurisdiction - Anti-suit injunction - Action in New York on same facts as action in Australia - Whether defendant in New York entitled to injunction in Australian courts against New York action.

Australia - Practice and procedure - Anti-suit injunction - Applicants suing New York law firm “S” arising out of same facts as those which had given rise to proceedings in Australia - Respondents joined S as cross respondents in Australian proceedings claiming contribution or indemnity - Motion by S for dismissal or stay of New York action on ground of forum non conveniens - Motion in New York failing at first instance and on appeal - Application by S to Australian Court for injunction restraining applicants from pursuing action against it in New York - S having stated that if it failed it would wish to cross-claim in New York against respondents and another cross respondent to proceedings - Injunction sought restraining S from impleading those parties in New York - Basis of jurisdiction to grant anti-suit relief - Factors relevant to exercise of discretion - Scope of “matter” over which court had jurisdiction.