Allardyce Lumbar Company Limited v Quarter Enterprises Pty Limited [2010] NSWSC 807

Allardyce Lumbar Company Limited v Quarter Enterprises Pty Limited [2010] NSWSC 807

The Plaintiffs established the matters required under UCPR r 53.3 and the application otherwise complied with the Foreign Judgments Act 1991 (Cth). The Defendants did not establish any basis under s 7 that would make registration liable to be set aside, the summons sufficiently stated that registration was sought in US dollars, and any issue about the form of relief would be one of form rather than substance. Section 6(3) therefore required registration of the Solomon Islands judgment for US$315,118.93.

Jurisdiction
Australia
Judgment Date
12 August 2010
Procedural Posture
Application to Register a Foreign Judgment Under S 6 Foreign Judgments Act 1991 (cth) / Contested Application for Registration of a Judgment of the High Court of the Solomon Islands
Outcome
Application granted; the Solomon Islands judgment was ordered to be registered for US$315,118.93 and the Defendants were ordered to pay the Plaintiffs' costs.
Legal Topics
['registration of Foreign Judgments' 'foreign Judgments Act 1991 (cth)' 'requirements for Evidence Under UCPR Part 53' 'setting Aside Registration Under S 7 Foreign Judgments Act 1991 (cth)' 'public Policy and Apprehended Bias']
['civil Procedure' 'foreign Judgments' 'judgment Enforcement'] ['registration of Foreign Judgments' 'foreign Judgments Act 1991 (cth)' 'requirements for Evidence Under UCPR Part 53' 'setting Aside Registration Under S 7 Foreign Judgments Act 1991 (cth)' 'public Policy and Apprehended Bias']

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Procedural Posture

Application to Register a Foreign Judgment Under S 6 Foreign Judgments Act 1991 (cth) / Contested Application for Registration of a Judgment of the High Court of the Solomon Islands

Legal Issues

  1. 1 ['Whether the Plaintiffs had proved the matters required by rule 53.3 of the Uniform Civil Procedure Rules for registration of the Solomon Islands judgment.' 'Whether the judgment, if registered, would be liable to be set aside under s 7 of the Foreign Judgments Act 1991 (Cth).' 'Whether the application was defective because it sought judgment in US dollars rather than an order that the foreign judgment be registered.' 'Whether the Plaintiffs were required to provide Australian currency conversion evidence under s 6(11)(b), (11A) and (11B) of the Foreign Judgments Act 1991 (Cth).' 'Whether enforcement of the foreign judgment would be contrary to public policy because McPherson JA sat on the second Court of Appeal after sitting on the first Court of Appeal.']

Ratio Decidendi

The Plaintiffs established the matters required under UCPR r 53.3 and the application otherwise complied with the Foreign Judgments Act 1991 (Cth). The Defendants did not establish any basis under s 7 that would make registration liable to be set aside, the summons sufficiently stated that registration was sought in US dollars, and any issue about the form of relief would be one of form rather than substance. Section 6(3) therefore required registration of the Solomon Islands judgment for US$315,118.93.

Court Disposition

Application granted; the Solomon Islands judgment was ordered to be registered for US$315,118.93 and the Defendants were ordered to pay the Plaintiffs' costs.

Orders

  • ['The judgment dated 20 May 2009 of the High Court of the Solomon Islands by which it was adjudged that the Defendants pay money to the Plaintiffs be registered under Part 2 of the Foreign Judgments Act 1991 (Cth) for the sum of US$315,118.93.' 'The Defendants may within 28 days after service upon them of notice of...