EAST & COULSON (ANTI-SUIT INJUNCTION) - [2010] FamCA 641

FAMILY COURT OF AUSTRALIA

EAST & COULSON (ANTI-SUIT INJUNCTION)

[2010] FamCA 641

FAMILY LAW – INJUNCTION – anti-suit injunction – applicant seeks anti-suit injunction to restrain the continuation of proceedings in the Industrial Court of New South Wales – accrued jurisdiction – arbitral jurisdiction and judicial power

Family Law Act 1975 (Cth)

Industrial Relations Act 1996 (NSW)
Judiciary Act 1903 (Cth)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (New South Wales)

Australian Securities and Investments Commission v Edensor Nominees Pty Ltd (2001) 204 CLR 559
Blacker v National Australia Bank Ltd [2000] FCA 681
Buckingham and Others v Pan Laboratories (Australia) Pty Ltd (in liq) (2004) 136 FCR 102
Edensor Nominees Pty Ltd v Australian Securities and Investments Commission and Others [1999] FCA 1722
Fisher v Madden as Receiver and Manager of Dataflow Computer Services Pty Ltd (2002) 54 NSWLR 179
Heath Group Australasia Pty Ltd v Hanning [1999] NSWSC 719
Jeffcoat v Queensland Coal & Oil Shale Mining Industry (Superannuation) Ltd [2000] FCA 655 (Kiefel J, 19 May 2000, unreported)
Kruger v The Commonwealth (1998) 190 CLR 1
Minister for Youth and Community Services v Health and Research Employees Association of Australia, NSW Branch (1997) 10 NSWLR 543
Murphy v Overton Investments Pty Ltd (2001) 112 FCR 182
Resarta Pty Ltd and Others v Finemore (2002) 55 NSWLR 320
Re Wakim; Ex parte McNally (1998) 198 CLR 511
The Rochester Communications Group Pty Ltd v Adler (1996) 65 FCR 572
Smith v Smith (1986) 161 CLR 217
Thomas v Ducret (1984) 153 CLR 506
Tszyu v Fightivision Pty Ltd [2001] NSWCA 103; (2001) 104 IR 225
Valceski v Valceski (2007) 70 NSWLR 3

APPLICANT:

Mr East

RESPONDENT:

Ms Coulson

STATE OF NEW SOUTH WALES:

Attorney-General for New South Wales

TRUSTEE FOR THE BANKRUPT ESTATE OF THE WIFE, E COULSON:

Mr R

HUSBAND:

Mr D Coulson

FILE NUMBER:

SYC

4243

2007

DATE DELIVERED:

27 July 2010

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Fowler J

HEARING DATE:

2 July 2010 and by written submissions

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Foster

COUNSEL FOR THE RESPONDENT:

Mr Moorhouse

COUNSEL FOR THE STATE OF NEW SOUTH WALES:

Mr Sexton SC and
Mr Free

TRUSTEE FOR THE BANKRUPT ESTATE OF THE WIFE, E COULSON:

Request not to appear in person granted

HUSBAND:

Request not to appear in person granted

Orders

The Application in a Case filed by Mr East on 22 January 2010 seeking that Mrs J Coulson be by injunction, restrained from continuing proceedings initiated in the Industrial Court of New South Wales, is dismissed.
Any applicant for an order for costs is to file and serve a submission in support of that application and an itemisation of the costs claimed within a period of 14 days from today’s date together with, in the case of the applicant and the respondent to these proceedings for injunctive relief, a statement of their financial affairs in the form used by this Court.
The respondent to the application is to file within a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2010] FamCA 641
Decision Date: 27 July 2010

CaseChat Overview and Summary

In the matter of *East & Coulson (Anti-Suit Injunction)*, Mr East sought an injunction from the Supreme Court of New South Wales to restrain Mrs Coulson from continuing proceedings in the Industrial Court of New South Wales.

The central legal issue before the Court was whether an anti-suit injunction should be granted to prevent the continuation of proceedings in another Australian court.

Fowler J dismissed Mr East's application. The Court's reasoning and the specific legal principles applied are not detailed in the provided text, beyond the ultimate decision to refuse the injunction.

The Court ordered that any party seeking costs must file submissions and an itemisation of costs within 14 days, along with a statement of financial affairs. Further submissions regarding costs are to be exchanged within subsequent periods, with the final decision on costs to be made by the judge in chambers based on the filed material.

Orders

Orders of the court

The Application in a Case filed by Mr East on 22 January 2010 seeking that Mrs J Coulson be by injunction, restrained from continuing proceedings initiated in the Industrial Court of New South Wales, is dismissed.

Any applicant for an order for costs is to file and serve a submission in support of that application and an itemisation of the costs claimed within a period of 14 days from today’s date together with, in the case of the applicant and the respondent to these proceedings for injunctive relief, a statement of their financial affairs in the form used by this Court.

The respondent to the application is to file within a further fourteen days any submission which the respondent wishes to make and the applicant will have a further fourteen days in which to file any submission in reply.

The question of costs will be decided on that material in chambers.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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