Global Partners Fund Ltd v Babcock & Brown Ltd (2010) 79 ACSR 383

Facts: P (Caymans) sued D (Caymans) in NSW in tort/fiduciary breach. Proceedings breached exclusive English jurisdiction clause. The clause stated: “All parties irrevocably agree that the Courts of England are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this agreement”.

Held: The stay of proceedings was granted. These well-informed commercial parties had agreed to regulate interactions by contract, and by exclusive foreign jurisdiction clause; an international investment agreement strengthens the point. No strong reasons were shown for not granting a stay.

Ratio: There is a 'strong bias' in favour of granting a stay, particularly evident where parties are informed commercial parties.