Lan & Hao (No 2)

Lan and Hao are the parties involved in this appeal concerning anti-suit injunctions and family law. The wife, Lan, sought an anti-suit injunction to prevent her husband, Hao, from pursuing proceedings in China. The case was heard in the Family Court of Australia, and the appeal was subsequently lodged with the Full Court. The central issue before the court was whether an anti-suit injunction should be granted to prevent Hao from continuing with his proceedings in China, given that he had a legitimate juridical advantage there.

The court examined the principles governing anti-suit injunctions and whether Hao's proceedings in China gave him a juridical advantage. It was determined that Hao did indeed have such an advantage, and the court considered whether the injunction would have any utility. The primary judge had ruled that the injunction would have no utility, but the Full Court found this conclusion to be erroneous. The court clarified that the injunction would have utility as it could be enforced against Hao when he was in Australia through contravention or contempt proceedings. However, despite this, the primary judge's decision to refuse the injunction was not affected, as it was primarily based on the nature of the two proceedings, which was entirely open on the evidence.

The appeal was dismissed, and Lan was ordered to pay Hao's costs of the appeal. The Reasons for Judgment were amended to correct a reference to Hao's new partner, changing it to "Ms Csien." This correction was made pursuant to rule 17.02A of the Family Law Rules 2004 (Cth). The form of the order is subject to the entry of the order in the Court’s records.