Lung and Meridien and Anor

The parties to this matter were Lung (the applicant) and Meridien and another (the respondents). The applicant sought to bring proceedings against the respondents. The court hearing this matter was the Supreme Court of New South Wales, presided over by Waddy J.

The primary legal issue before the court was the appropriate forum for the applicant to pursue their claims against the respondents, particularly in light of potential equitable rights. The court was required to determine whether it was the appropriate jurisdiction to hear and determine all aspects of the dispute between the parties.

Waddy J determined that the second respondent should be dismissed from the proceedings before the Supreme Court. His Honour noted that the rights of the parties, whether legal or equitable, could be pursued in the appropriate jurisdiction. Costs were reserved.