Csr Ltd v Cigna Insurance Australia Ltd
| Jurisdiction | Australia Federal only |
| Judgment Date | 05 August 1997 |
| Neutral Citation | 1997-0805 HCA B |
| Date | 05 August 1997 |
| Court | High Court |
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2 firm's commentaries
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The arbitration regime in Australia: Five years on
...to an arbitration agreement from bringing court proceedings in breach of that agreement (CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 at 392). The general approach of the courts is to interpret arbitration clauses widely (Comandante Marine Corp v Pan Australia Shipping Pty Ltd......
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Anti-suit injunctions and Trade Practices claims
...extension anti-anti-suit injunctions) is mostly settled since the decision of the High Court in CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345, uncertainty still remains as to the effect of a claim under the TPA on whether a court issues an anti-suit injunction or stays its proc......
9 books & journal articles
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BREACH OF AGREEMENT VERSUS VEXATIOUS, OPPRESSIVE AND UNCONSCIONABLE CONDUCT
...ER 749 at [24]; Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd[1993] AC 334 at 342; CSR Ltd v Cigna Insurance Australia Ltd(1997) 189 CLR 345 at 392. 5 Although the subsequent parts of this article will consider English law, it should be noted that the UK is now part of the Euro......
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THE CONTRACTUAL BASIS OF THE ENFORCEMENT OF EXCLUSIVE AND NON-EXCLUSIVE CHOICE OF COURT AGREEMENTS
...114 Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd [1993] AC 334 at 342; CSR Limited v Cigna Insurance Australia Limited(1997) 189 CLR 345 at 392. As to the possible relevance of choice of law analysis in this context, see T M Yeo, Choice of Law for Equitable Doctrines (Oxford U......
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Australian Broadcasting Corporation v Lenah Game Meats: privacy, injunctions and possums: an analysis of the high court's decision.
...and Hayne JJ); Cardile (1999) 198 CLR 380, 399-401 (Gaudron, McHugh, Gummow and Callinan JJ); CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345, 391-2 (Dawson, Toohey, Gaudron, McHugh, Gummow and Kirby (178) These have their origins in equity. (179) These include Mareva, anti-suit ......
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The HCCH Judgments Convention in Australian Law
...1 Lloyd’s Rep 429, 436; ED &F Man (Sugar) Ltd v Haryanto (No 2) [1991] 1 Lloyd’s Rep 161, 165; CSR Ltd v Cigna InsuranceAustralia Ltd (1997) 189 CLR 345, 395.136. ‘Recognition or enforcement may be postponed or refused’ (emphasis added).137. Jurisdictions differ on whether pending local pro......
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