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Question 1 (5 marks) Azure Enterprises, an Australian company, purchased forklifts from Hyde Co. Ltd, an English company. The contract between the parties contains the following jurisdiction clause: 'the parties submit to the exclusive jurisdiction of the courts of the Supreme Court of New Zealand.' The equipment is delivered and is defective, so Azure Enterprises withholds payment. Hyde Co. Ltd sends an email to Azure Enterprises demanding payment or else it will commence proceedings in England and Australia. What steps can be taken by Azure Enterprises to prevent Hyde Co. Ltd from bring proceedings in a court other than the court which was nominated as having exclusive jurisdiction in the parties' jurisdiction agreement? When should those steps be taken, and in what forum or forums? Trans-Tasman Proceedings Act 2010 - documents presented come under the procedural rules of Australia (59 (1) and civil proceedings begin in Australian courts [58}. Azure Enterprises can apply for a stay of proceedings in the Federal or Supreme courts in Australia. In addition, determining whether the jurisdiction clause is contractually agreed upon between the parties is another point to consider. The clause appears to be intransitive and only agree to submit themselves to the court. Australian courts must stay proceedings if the parties agree to litigate exclusively in New Zealand Courts (520(1)(a). These steps are to be taken when the defendant chooses to commence proceedings in another forum and have begun to do so. The exclusive jurisdiction's negative effect prevents the contravention of the clause