Costigan & Costigan

In *Costigan & Costigan*, the parties were husband and wife. Proceedings concerning their marital dispute were on foot in both Australia and Israel. The husband sought a stay of the Australian proceedings until the determination of the Israeli proceedings, while the wife sought an anti-suit injunction to restrain the husband from continuing the Israeli proceedings. The matter came before Carew J.

The court was required to determine two principal issues. Firstly, whether Australia was a clearly inappropriate forum, which would necessitate a stay of the Australian proceedings. Secondly, whether an anti-suit injunction was necessary to protect the integrity of the Australian court's process, given that the Israeli proceedings concerned the same issues being litigated in Australia.

Carew J found that Australia was not a clearly inappropriate forum and therefore dismissed the husband's application for a stay of proceedings. However, the court determined that an anti-suit injunction was necessary to prevent the husband from pursuing parallel proceedings in Israel, which would undermine the jurisdiction and integrity of the Australian court's process. Accordingly, the application for an anti-suit injunction was granted.