| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMERCIAL AND EQUITY DIVISION
No. 5219 of 2009
| SANTOS LIMITED (ABN 80 007 550 923) | Plaintiff |
| v | |
| HELIX ENERGY SERVICES PTY LTD (ABN 79 122 647 938) | Defendant |
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JUDGE: | BYRNE J | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 18 June 2009 | |
DATE OF JUDGMENT: | 10 July 2009 | |
CASE MAY BE CITED AS: | Santos Ltd v Helix Energy Services Pty Ltd | |
MEDIUM NEUTRAL CITATION: | [2009] VSC 282 | |
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Courts – proceedings commenced in Victoria and South Australia concerning the same subject matter – plaintiff seeks anti-suit injunction – defendant applies to transfer Victorian proceeding to South Australia – whether anti-suit injunction available or appropriate in cross-vesting environment – whether South Australian Court a more appropriate forum – whether anti-suit injunction should go.
Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic) s 5
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr G John Digby QC and Mr R Andrew | Freehills |
| For the Defendant | Mr Malcolm Blue QC and Mr Matthew Barrett | Thomson Playford Cutlers |
HIS HONOUR:
The applications before the Court concern the forum for the conduct and resolution of the litigation between the plaintiff, Santos Limited, and the defendant, Helix Energy Services Pty Ltd. Santos wants it to be this Court; Helix prefers the Supreme Court of South Australia.
By contract dated 5 December 2007 the parties agreed that Helix would provide and install pipelines and electric hydraulic control umbilicals and provide certain other services for stage 2 of the VIC/P44 off-shore gas development in the Otway Basin southwest of Port Campbell in the State of Victoria.
By March 2009 the parties were in dispute and on 13 March Santos sent two letters to Helix. The first was a letter asserting that Helix, in very many respects, had so conducted itself that it had repudiated the contract. These respects are set out in the list of some 18 pages which is attached to the letter. Santos asserted that it was entitled to and did in fact accept this repudiation, so that the contract was terminated. In the second letter Santos alleged that Helix had committed material breaches of the contract and had regularly failed to meet contractual requirements so that Santos was entitled to terminate the contract forthwith pursuant to cl 1.11.1. Santos then stated in the letter that it exercised its right so that the contract was terminated. This letter, too, contains an 18 page list of acts and omissions of Helix which are said to warrant the contract termination. In the list enclosed in each of the letters Santos reserved the right to add to the listed items.
The contract provides in cl 1.24 for dispute resolution:
1.24 DISPUTE RESOLUTION
1.24.1 Commencement of Proceedings
A party shall not commence court proceedings relating to any dispute arising from the Contract except when that party seeks urgent relief from a court or when dispute resolution has failed under this clause 1.24. If a party fails to comply with clause 1.24, the other…
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- Case
- [2009] VSC 282
- Decision Date
CaseChat Overview and Summary
The central legal issues for the court to decide were whether an anti-suit injunction was available and appropriate in a cross-vesting environment and whether the South Australian Court was a more appropriate forum for the proceedings. Additionally, the court had to consider whether an anti-suit injunction should be granted. The court considered the relevant provisions of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic) and the principles of comity and convenience in international litigation.
The court found that an anti-suit injunction was not available or appropriate in a cross-vesting environment. It reasoned that such an injunction would not be effective as the proceedings could still continue in the South Australian Court. The court also determined that the South Australian Court was a more appropriate forum because it was the original jurisdiction and the parties had already commenced proceedings there. Consequently, the court declined to grant the anti-suit injunction sought by Santos Ltd.
The final orders of the court were that the application for an anti-suit injunction by Santos Ltd was dismissed, and the application by Helix Energy Services Pty Ltd to transfer the proceedings to South Australia was allowed.
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