Chen & Tan

Case [2012] FamCA 225


FAMILY COURT OF AUSTRALIA

CHEN & TAN [2012] FamCA 225
FAMILY LAW – PROPERTY – Property Settlement – Where the parties' relationship subsisted entirely in Taiwan – Where substantial real property and business interests of the Husband are in Australia – Where the Husband objects to litigating the property settlement in Australia on the grounds of forum non conveniens – Whether Husband discharges his onus to establish a clear case for a stay of Australian proceedings.
Corporations Act 2001(Cth)
Civil Code (Taiwan)
Code of Civil Procedure (Taiwan)
Evidence Act 1995 (Cth)
Family Law Act 1975 (Cth)
Family Court Regulations 1984 (Cth)
Family Court Rules 2004 (Cth)
Foreign Judgments Act 1991 (Cth)
British South Africa Co v Companhia de Mozambique [1893] AC 602
Connelly v RTZ Corp Plc [1998] AC 854
CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345
Gould v Gould; Swire Investments Limited (1993) FLC 92-434
Henry v Henry (1996) 185 CLR 571
Kemeny v Kemeny (1998) FLC 92-806
Lubbe v Cape Plc [2000] 4 All ER 268
Navarro v Jurado (2010) 44 Fam LR 310
Oceanic Sun Line Shipping Co Inc v Fay (1998) 165 CLR 197
Pagliotti v Hartner (2009) FLC 93-39
Puttick v Tenon Ltd (2008) 238 CLR 265
Regie Nationale des Usines Renault SA v Zhang (2002) 210 CLR 491
Spiliada Maritime Corporation v Cansulex Ltd [1987] AC 460
Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538

Nygh, P, Conflict of Laws in Australia (2010, 8th ed, Lexis Nexis Butterworths)

APPLICANT: Ms Chen
RESPONDENT: Mr Tan
FILE NUMBER: BRC 7088 of 2011
DATE DELIVERED: 12 April 2012
PLACE DELIVERED: Brisbane
PLACE HEARD: Brisbane
JUDGMENT OF: Kent J
HEARING DATE: 30 January 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms McLennan
SOLICITOR FOR THE APPLICANT: Dante Chen Lawyers
COUNSEL FOR THE RESPONDENT: Mr Kirk SC
SOLICITOR FOR THE RESPONDENT: Dixie Ann Middleton & Associates

Orders

  1. The Husband’s application for a permanent stay of these proceedings in Australia be dismissed.

  2. In the event that the parties are unable to agree in writing within 21 days of today what costs Order, if any, might be made regarding the costs of and incidental to these proceedings:

    (a)       Each party file within a further 14 days written submissions in respect of that issue; and

    (b)       Unless either party otherwise therein contends to the contrary, that issue be determined in chambers without the necessity of further appearance by either party.

  3. In the event that the parties reach agreement in writing on the issue of costs, they be at liberty to file jointly, minutes of consent via e-mail to the Associate to Justice Kent.

  4. The matter otherwise be adjourned to the Registry for further mention.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Chen & Tan has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 7088 of 2011

Ms…

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Chen & Tan [2012] FamCA 225
Case
[2012] FamCA 225
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CaseChat Overview and Summary

In *Chen & Tan*, Kent J of the Federal Court of Australia considered an application by the Husband for a permanent stay of proceedings in Australia. The precise nature of the dispute between the parties is not detailed, but the application for a stay suggests it involved a jurisdictional challenge or a request to halt proceedings in the Australian court.

The central legal issue before the Court was whether the Husband had established grounds for a permanent stay of the proceedings. This required the Court to assess the merits of the Husband's application and determine if it was appropriate to prevent the case from continuing in Australia.

Kent J dismissed the Husband's application for a permanent stay. The reasons for this dismissal are not elaborated upon in the provided text, but the outcome indicates that the Court found no sufficient basis to halt the proceedings. The Court then made orders regarding the costs of the proceedings, allowing for written submissions if the parties could not agree, and otherwise adjourning the matter for further mention.

Orders

Orders of the court

1.

The Husband’s application for a permanent stay of these proceedings in Australia be dismissed.

2.

In the event that the parties are unable to agree in writing within 21 days of today what costs Order, if any, might be made regarding the costs of and incidental to these proceedings:

(a) Each party file within a further 14 days written submissions in respect of that issue; and

(b) Unless either party otherwise therein contends to the contrary, that issue be determined in chambers without the necessity of further appearance by either party.

3.

In the event that the parties reach agreement in writing on the issue of costs, they be at liberty to file jointly, minutes of consent via e-mail to the Associate to Justice Kent.

4.

The matter otherwise be adjourned to the Registry for further mention.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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