KR & C Co Ltd v Soon Ok Hwang (No 3) [2022] NSWSC 292

KR & C Co Ltd v Soon Ok Hwang (No 3) [2022] NSWSC 292

The registration of the District Court Appeal Judgment and Korean Supreme Court Judgment could not be set aside under s 7(2)(a)(v) as the defendant was not the defendant in the proceedings in the 'original court' relating to the registered judgments. Even if lack of notice applied to the 2011 proceeding, the defendant had full opportunity to raise all defences on appeal, which were heard and dismissed on the merits; there was no denial of procedural fairness. No public policy ground arises from delay or interest rates, as delay was explained and rates aligned with prevailing standards; registration and enforcement are not contrary to public policy or the Act.

Jurisdiction
Australia
Judgment Date
17 March 2022
Procedural Posture
Motion to Set Aside Registration of Foreign Judgment / Judgment on Defendant's Motion
Outcome
Defendant's motion dismissed; costs ordered against defendant.
Legal Topics
['foreign Judgment Registration' 'service of Process' 'natural Justice' 'enforcement of Judgments' 'public Policy Exception']
['private International Law' 'civil Procedure'] ['foreign Judgment Registration' 'service of Process' 'natural Justice' 'enforcement of Judgments' 'public Policy Exception']

Case Brief

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Procedural Posture

Motion to Set Aside Registration of Foreign Judgment / Judgment on Defendant's Motion

Legal Issues

  1. 1 ['Whether registration of Korean judgments should be set aside under s 7(2)(a)(v) or s 7(2)(b) of the Foreign Judgments Act 1991 (Cth) due to lack of sufficient notice or public policy grounds']

Ratio Decidendi

The registration of the District Court Appeal Judgment and Korean Supreme Court Judgment could not be set aside under s 7(2)(a)(v) as the defendant was not the defendant in the proceedings in the 'original court' relating to the registered judgments. Even if lack of notice applied to the 2011 proceeding, the defendant had full opportunity to raise all defences on appeal, which were heard and dismissed on the merits; there was no denial of procedural fairness. No public policy ground arises from delay or interest rates, as delay was explained and rates aligned with prevailing standards; registration and enforcement are not contrary to public policy or the Act.

Court Disposition

Defendant's motion dismissed; costs ordered against defendant.

Orders

  • ["The defendant's Motion of 26 February 2021, seeking to set aside the registration of Korean Judgments by the Court on 8 December 2020, is dismissed;" "The defendant shall pay the plaintiff's costs of and incidental to the proceedings."]