Epic Games, Inc v Apple Inc [2021] FCAFC 122 (09 July 2021) (Middleton, Jagot and Moshinsky JJ)


Catchwords:


PRIVATE INTERNATIONAL LAW — stay application — proceedings alleging contraventions of Pt IV of Competition and Consumer Act 2010 (Cth) and s 21 of the Australian Consumer Law — where exclusive jurisdiction clause requires litigation relating to app developer agreement to occur in Northern District of California — whether there are strong reasons to refuse to grant the stay — whether there is a public policy that the proceeding should be heard in the Federal Court of Australia — whether clearly inappropriate forum — stay refused