You, Jun Won v Oakwood Sydney Pty Ltd [2019] NSWSC 1766

You, Jun Won v Oakwood Sydney Pty Ltd [2019] NSWSC 1766

The foreign judgment registration was based on the Incheon District Court amount, but that judgment amount had been changed by the Seoul High Court and the appeal to the Supreme Court of South Korea was dismissed. The registered judgment was therefore for an amount greater than the amount payable at the date of registration, and the judgment relied on for registration had been set aside and replaced by a judgment for a different amount. The defendant duly applied under s 7, so the Court was required to set aside the registration under s 7(2)(a)(ii) or s 7(2)(a)(vii). An adjournment was refused because the plaintiff had ample opportunity to bring any alternative application and the problem...

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Application to Set Aside Registration of Foreign Judgment / Motion Filed on 5 September 2019 Heard on 6 December 2019
Outcome
Defendant's motion granted; registration of the foreign judgment set aside; plaintiff ordered to pay the costs of the motion.
Legal Topics
['foreign Judgments and Orders' 'statutory Registration of Judgments' 'setting Aside Registration of Foreign Judgments']
['private International Law' 'civil Procedure'] ['foreign Judgments and Orders' 'statutory Registration of Judgments' 'setting Aside Registration of Foreign Judgments']

Case Brief

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Procedural Posture

Application to Set Aside Registration of Foreign Judgment / Motion Filed on 5 September 2019 Heard on 6 December 2019

Legal Issues

  1. 1 ['Whether the registered foreign judgment was registered for an amount greater than the amount payable under it at the date of registration under s 7(2)(a)(ii) of the Foreign Judgments Act 1991 (Cth).' 'Whether the judgment relied on for registration had been reversed on appeal or otherwise set aside in the courts of the country of the original court under s 7(2)(a)(vii) of the Foreign Judgments Act 1991 (Cth).' "Whether the defendant's application should be adjourned to allow the plaintiff to consider making an application to vary the registered amount or another application."]

Ratio Decidendi

The foreign judgment registration was based on the Incheon District Court amount, but that judgment amount had been changed by the Seoul High Court and the appeal to the Supreme Court of South Korea was dismissed. The registered judgment was therefore for an amount greater than the amount payable at the date of registration, and the judgment relied on for registration had been set aside and replaced by a judgment for a different amount. The defendant duly applied under s 7, so the Court was required to set aside the registration under s 7(2)(a)(ii) or s 7(2)(a)(vii). An adjournment was refused because the plaintiff had ample opportunity to bring any alternative application and the problem...

Court Disposition

Defendant's motion granted; registration of the foreign judgment set aside; plaintiff ordered to pay the costs of the motion.

Orders

  • ['Pursuant to s 7 of the Foreign Judgments Act 1991 (Cth), the judgment of the court entered 11 January 2019 in favour of the plaintiff against the defendant in the sum of ₩314,188,998.72 (South Korean won) is set aside.' 'The plaintiff is to pay the costs of the motion.']