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NEWS LIMITED v. AUSTRALIS HOLDINGS PTY. LTD.

286 A.D.2d 263 (2001)

728 N.Y.S.2d 667

NEWS LIMITED, Appellant, v. AUSTRALIS HOLDINGS PTY. LTD. et al., Respondents, et al., Defendant. AUSTRALIS HOLDINGS PTY. LTD. et al., Third-Party Plaintiffs-Respondents, v. NEWS CORPORATION LIMITED, Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided August 16, 2001.

The motion court properly exercised its discretion in declining to dismiss the existing and proposed counterclaims and third-party claims on the grounds of forum non conveniens. Since News Limited commenced the initial breach of indenture action in New York, the News parties should not be permitted to use the doctrine of forum non conveniens as a shield (Kissimmee Mem. Hosp. v Wilson, 188 A.D.2d 802). We are not persuaded by the...

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