Hertwig and Hertwig

In *Hertwig and Hertwig*, heard by Baumann J of the Supreme Court of Victoria, the applicant sought an interim anti-suit injunction against the respondent. The precise nature of the underlying dispute between the parties is not detailed in the provided text, but the application concerned the respondent's alleged intention or action to commence proceedings in a foreign jurisdiction, which the applicant sought to restrain.

The central legal issue before the court was whether the applicant had established a sufficient basis to warrant the grant of an interim anti-suit injunction. This required the court to consider the principles governing the exercise of its discretion to grant such injunctions, particularly in circumstances where a party seeks to litigate matters in a foreign court.

Baumann J dismissed the applicant's application for an interim anti-suit injunction. While the specific reasoning is not elaborated in the provided text, the outcome indicates that the applicant failed to satisfy the necessary legal threshold for the court to intervene and restrain the respondent from pursuing proceedings in a foreign jurisdiction. The court's decision implies that the applicant did not demonstrate a sufficiently strong case to justify the extraordinary remedy of an anti-suit injunction at the interim stage.