SCARFFE & OBANNON

Case [2020] FamCA 77


FAMILY COURT OF AUSTRALIA

SCARFFE & OBANNON [2020] FamCA 77

FAMILY LAW – PROPERTY DIVISION – husband residing in Australia, wife residing in Singapore –  majority of assets located in Australia.

PRIVATE INTERNATIONAL LAW – litigation commenced by wife earlier in time in Singaporean court – stay application of that proceeding brought by husband refused by Singapore court – no written reasons given – this proceeding commenced in this court by husband later in time – both pieces of litigation at embryonic phase.

FORUM NON CONVENIENS – whether Australia not the clearly inappropriate forum – relevant Australian and international authorities examined.

FAMILY LAW – STAY APPLICATION – whether this proceeding should be stayed – Voth v Manildra considered – CSR v Cigna considered.

FAMILY LAW – ANTI-SUIT INJUNCTIONS – detailed examination of jurisprudence – injunction ordered restraining respondent in personam from continuing with proceeding in Singapore Court – enforceability of orders of this court in relation to property in Australia a critical point in the determination of that issue.

Evidence Act 1995 (Cth), ss 55, 140

Family Law Act 1975 (Cth), ss 34, 75(2), 79

Family Law Rules 2004 (Cth), divs 15.5.4, 15.5.5, 15.5.6

Foreign Judgments Act 1991 (Cth)

Judiciary Act 1903 (Cth), s 78B(5)

Women’s Charter (Singapore, cap 353, 2009 rev ed), ss 95, 112, 113, 114, 121D(3)
Supreme Court of Judicature Act (Singapore, cap 322, 2007 rev ed), s 16

Supreme Court of Singapore, Practice Directions (Amendment No. 5 of 2014), 1 October 2014

ACY v ACZ [2014] 2 SLR 1320
Amador & Amador (2009) 43 Fam LR 268
ANJ v ANK [2015] 4 SLR 1043
ARY v ARX [2016] 2 SLR 686
ATE v ATD [2016] SGCA 2
ATT v ATS [2012] 2 SLR 859
Bank of Tokyo Ltd v Karoon [1987] AC 45
Banks & Banks [2015] FamCAFC 36
Barkley & Barkley (1976) 1 Fam LR 11,554
Belhaj v Straw [2017] AC 964
BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd (2008) 168 FCR 169
Bills & Bills [2015] FamCA 1193
Briginshaw v Briginshaw (1938) 60 CLR 336
British Airways Board v Laker Airways Ltd [1984] QB 142
British Airways Board; British Caledonian Airways Ltd v Laker Airways Ltd [1985] AC 58
British South Africa Co v Companhia de Mocambique [1893] AC 602
Britt v Britt (2017) 56 Fam LR 526
Carron Iron Co Proprietors v James Maclaren, Henry Dawson, E H Tibbats Stainton (1855) 10 ER 961
Castanho v Brown & Root (UK) Ltd [1981] AC 557
Chan Tin Sun v Fong Quay Sim [2015] SGCA 2
Christie v Christie (2007) 37 Fam LR 181
Cole & Abati (2016) 55 Fam LR 329
CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345
D v L (2005) 33 Fam LR 525
Deiter v Deiter [2011] FamCAFC 82
Eaby & Speelman [2015] FamCAFC 104
East v Coulson (2010) 43 Fam LR 531
Foo Ah Yan v Chiam Heng Chow [2012] SGCA 15
Garrett & Cowell [2007] FamCA 778
Gillard & Gillard [2016] FamCA…

Continue reading SCARFFE & OBANNON

Sign in free to access the full text

Details
AGLC
SCARFFE & OBANNON [2020] FamCA 77
Case
[2020] FamCA 77
Decision Date

CaseChat Overview and Summary

In this matter before the Honourable Justice Wilson, the applicant husband, residing in Australia, sought orders in relation to property division against the respondent wife, who resided in Singapore. The majority of the parties' assets were located in Australia. The wife had previously commenced litigation concerning the property division in Singapore, an application to stay which was refused by the Singaporean court without written reasons. The husband subsequently commenced the present proceeding in Australia. Both proceedings were at an early stage.

The court was required to determine whether Australia was the clearly inappropriate forum for the Australian proceeding, considering principles of *forum non conveniens*. Additionally, the court had to consider whether the Australian proceeding should be stayed, applying relevant Australian authorities such as *Voth v Manildra* and *CSR v Cigna*. A further critical issue was whether an anti-suit injunction should be granted to restrain the wife from continuing the Singaporean proceeding, with the enforceability of Australian court orders concerning Australian property being a significant factor in this determination.

Justice Wilson reasoned that Australia was not the clearly inappropriate forum. The court applied principles of *forum non conveniens* and found that the connection of the parties and the majority of the assets to Australia weighed against a stay of the Australian proceeding. The court also granted an anti-suit injunction, restraining the wife from continuing the Singaporean proceeding. This decision was influenced by the critical importance of the Australian court's ability to enforce its orders in relation to the Australian property.

The court ordered that the wife's application to stay the Australian proceeding be refused. The wife was restrained from continuing with the Singaporean proceeding until further order. The husband's applications for the appointment of a single expert to value specific property and for full and frank disclosure were referred to the docketed registrar. Further hearings were also referred to the registrar for case management, and the wife's applications for interim orders were dismissed.

Orders

Orders of the court

1.

The respondent’s application to stay this proceeding is refused.

2.

The respondent is restrained from continuing with proceeding …/2019 in the Family Justice Courts in Singapore or other similar proceeding until further order.

3.

The applicant’s application for the appointment of a single expert to value the land and improvements of B Street, Suburb C is referred to the docketed registrar.

4.

The applicant’s application for an order for full and frank disclosure by the wife is referred to the docketed registrar.

5.

The further hearing of this proceeding is referred to the docketed registrar for ongoing case management.

6.

The applications for interim orders sought in paragraphs 1 to 4 of the respondent’s response are dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.