YEUNG & HWANG

The parties in this matter were Yeung and Hwang. The dispute concerned an application by Hwang for an order that the proceedings be stayed on the grounds of *forum non conveniens*. The application was heard by Carew J in the Supreme Court of New South Wales.

The central legal issue before the Court was whether New South Wales was the appropriate forum for the resolution of the dispute, or if the proceedings should be stayed to allow them to be heard in a foreign jurisdiction. This required the Court to consider the principles of *forum non conveniens* and the factors relevant to determining the most appropriate forum.

Carew J applied the established principles for determining *forum non conveniens*, which involve a broad, unfettered discretion to stay proceedings where a foreign court is clearly more appropriate. The Court considered factors such as the location of the parties, the location of the subject matter of the dispute, the governing law of the contract, the availability of evidence and witnesses, and the interests of justice. The Court weighed these factors to determine if there was a clearly more appropriate forum elsewhere.

The Court ultimately ordered that the proceedings be stayed, finding that the foreign jurisdiction was the clearly more appropriate forum for the dispute to be heard.