LEONG & GHAZI

In *Leong & Ghazi*, heard before Judge Scarlett, the dispute concerned divorce proceedings initiated in both Australia and Malaysia. The husband filed an Application for Divorce in Australia after the wife had already commenced divorce proceedings in Malaysia. The central issue was whether Australia was an appropriate forum for the divorce proceedings, considering the existing Malaysian proceedings and the potential for *lis alibi pendens*. A further question arose as to whether the Australian Application for Divorce was filed for an ulterior purpose.

The court was required to determine whether the Australian court should exercise its jurisdiction in light of the Malaysian proceedings, specifically addressing the doctrine of *forum non conveniens*. Additionally, the court had to consider whether the husband's application constituted an abuse of process and, consequently, whether an order for indemnity costs against the husband was appropriate.

Judge Scarlett reasoned that the Malaysian High Court had already been found to have jurisdiction over the divorce proceedings. Given this, and the fact that the Australian application was filed subsequent to the Malaysian proceedings, the court concluded that Australia was not the appropriate forum. The judge found that the Australian Application for Divorce had been commenced for an ulterior purpose, which amounted to an abuse of process.

Consequently, the Application for Divorce filed by the husband on 21 May 2012 was dismissed. The applicant was ordered to pay the respondent's costs of the application, to be assessed or taxed on an indemnity basis.