Whung & Whung

In *Whung & Whung*, heard before O'Reilly J, the wife sought to restrain the husband and a third respondent from commencing or continuing legal proceedings in Taiwan concerning their marriage dissolution, property division, and spousal maintenance. The husband had also applied for a stay of the Australian proceedings.

The court was required to determine whether the Australian forum was clearly inappropriate, and consequently, whether to grant anti-suit injunctions against the husband and the third respondent. The court also had to consider the husband's application for a stay of the Australian proceedings.

O'Reilly J dismissed the husband's application for a stay of proceedings. The court reasoned that the Australian forum was not clearly inappropriate and applied the relevant principles for granting anti-suit injunctions. Consequently, the court granted injunctions restraining the husband from commencing or continuing proceedings in Taiwan regarding the dissolution of the marriage, property division, and spousal maintenance. An injunction was also granted restraining the third respondent from commencing or continuing proceedings in Taiwan concerning declarations of beneficial ownership of property held in his name or compensation received from the L City Council for the resumption of Queensland property.

The proceedings were listed for further determination on 7 March 2011, to address specific aspects of the husband's response, interlocutory restraints, interim property division, disclosure, and all extant costs applications.