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Impact of a neutral jurisdiction clause on service out (Cuccolini v Elcan Industries)

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Published on: 15 October 2013

Published by a LexisNexis Dispute Resolution expert

Table of contents

Practical implications
Court details
Facts
Principles—is the court satisfied that the requirements for staying the proceedings have been met?
Recap of the authority
Principle 3—'the' correct jurisdiction or 'a' correct jurisdiction?
Principle 2—overwhelming or very strong reasons
Principle 3—impact of the involvement of a third party
Application—why the court was not satisfied that the requirements for staying the proceedings had been met
Material non-disclosure

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Article summary

DR analysis: Smith-Stuart J has dismissed an application that the court should decline proceedings. In doing so, practical considerations are highlighted for practitioners whether making an application for permission to serve out of the jurisdiction or seeking to have such an order set aside. The extent to which third parties to proceedings are relevant when determining this type of application is differentiated from the relevance when dealing with anti-suit injunctions or freezing orders due to the draconian sanctions that would be applied to the defendant in these other circumstances.

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