TS Production LLC v Drew Pictures Pty Ltd (2008) 172 FCR 433

Facts:  There were proceedings in FCA and in the US re copyright. Neither court could determine IP rights in the other's J. However, even though the cases had to be decided separately, there were overlapping factual issues. In the FCA, Drew Pictures sought stay of proceedings and TS Production sought an anti-suit injunction (ASI).

Held: No ASI was issued here to prevent US copyright proceedings in parallel with AU proceedings because there was no evidence that the US proceedings would interfere with FC proceedings.

Issue: Was there inherent jurisdiction?

No. There was no evidence US proceedings would interfere with FC proceedings.

Issue: Was there equitable jurisdiction?

Held: This turned on whether there was “something more” to be gained from the other foreign proceedings. The applicant pointed to the inefficiency and additional cost that would be incurred if both proceedings were allowed to go ahead. However, this was not accepted.