Australia and New Zealand Banking Group Ltd v Marks [2013] QSC 186

Facts: Different claims were brought in QLD and in Singapore. In QLD, the claims were re property and in Singapore the claims were re debt. The agreement contained a non-exclusive jurisdiction clause.

Non-exclusive jurisdiction clause: “This Guarantee is governed by, and shall be construed in accordance with, the laws of Singapore. The Guarantor irrevocably submits to the non-exclusive jurisdiction of the courts of Singapore or of any other court as the Bank may elect[.]”

Held: The proceedings in Singapore concerned debt, whereas the proceedings in QLD concerned property in QLD. The Singaporean court did not have jurisdiction to determine title/possession of land in QLD as res judicata would apply to prevent inconsistency. However, the Court recognised the Sinagporean judgement re payment (ensure no double recovery).