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22 Mar 2011, 6:39 am
McHugh, 10-638, which raises the same issue. [read post]
2 Dec 2020, 5:00 pm
’[20] Finally, Davis J observed that ‘there is little, if any, evidence at all as to the impact of the pandemic upon any litigation in Macau’.[21] Yet, ‘if the pandemic developed so as to effectively prevent, or unduly frustrate’ litigation in Macau, this discretionary consideration would be taken into account together with ‘any other relevant considerations’ in a subsequent application.[22] [1] [2020] QSC 318. [2] Ibid, [56]. [3] Davis J observes that… [read post]
16 Feb 2018, 4:31 am
” “”It is a well-established principle that a simple breach of contract is not to be considered a tort unless a legal duty independent of the contract itself has been violated” (Clark-Fitzpatrick, Inc. v Long Is. [read post]
26 Jul 2021, 4:12 am
By Sarah McKibbin, University of Southern Queensland Epic Games, the developer of the highly popular and lucrative online video game Fortnite, recently won an appeal against tech juggernaut, Apple, in Australia’s Federal Court.[1] Fortnite is played by over three million Apple iOS users in Australia.[2] In April 2021, Justice Perram awarded Apple a temporary three-month stay of proceedings on the basis of an exclusive foreign choice of court agreement in favour of the courts of the Northern… [read post]
7 Feb 2021, 4:53 pm
The Court of Appeal has ordered that Johnny Depp’s application for permission to appeal against the judgment of Nicol J (Depp II v News Group Newspapers Ltd & Anor [2020] EWHC 2911 (QB)) should be considered at a hearing. [read post]
23 Oct 2023, 6:16 pm
Whether a stay is granted under Australian law turns on whether the Australian court is ‘a clearly inappropriate forum’ (See Oceanic Sun Line Special Shipping Co Inc v Fay at 247–8) (Oceanic Sun Line). [read post]