Royal Institution of Chartered Surveyors v Stephens [2019] NSWSC 1871

Royal Institution of Chartered Surveyors v Stephens [2019] NSWSC 1871

The registration was not shown to be for an amount greater than the amount payable because the Default Costs Certificate's reference to the date from which interest ran meant the date of the substantive costs order, 15 March 2018, not the date of the certificate. Section 7(2)(a)(v) was not satisfied because Mr Stephens was the moving party in the original judicial review proceedings, knew of the proceedings and costs orders, had been represented, and chose not to participate in the costs assessment process. The proposed adjournment would not assist any identified ground under s 7(2). The notice of motion was therefore dismissed, with ordinary costs to the Royal Institution.

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Foreign Judgment Registration Application to Set Aside or Stay / Notice of Motion Filed 18 July 2019 Seeking to Set Aside or Stay Judgment or Order Entered on 6 June 2019
Outcome
Notice of motion dismissed; defendant ordered to pay the plaintiff's costs of the motion.
Legal Topics
['registration of Foreign Judgments' 'setting Aside Registration' 'interest on Costs Certificates' 'notice of Foreign Proceedings' 'adjournment' 'costs of Motion']
['foreign Judgments' 'civil Procedure' 'costs'] ['registration of Foreign Judgments' 'setting Aside Registration' 'interest on Costs Certificates' 'notice of Foreign Proceedings' 'adjournment' 'costs of Motion']

Case Brief

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Procedural Posture

Foreign Judgment Registration Application to Set Aside or Stay / Notice of Motion Filed 18 July 2019 Seeking to Set Aside or Stay Judgment or Order Entered on 6 June 2019

Legal Issues

  1. 1 ['Whether the 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 interest under the Default Costs Certificate ran from 15 March 2018 or from 30 July 2018.' 'Whether the judgment should be set aside under s 7(2)(a)(v) because Mr Stephens did not receive notice of the foreign proceedings in sufficient time to defend them and did not appear.' 'Whether the hearing should be adjourned so Mr Stephens could obtain further documents about the costs assessment process.' 'Whether costs of the motion should be ordered on an indemnity basis.']

Ratio Decidendi

The registration was not shown to be for an amount greater than the amount payable because the Default Costs Certificate's reference to the date from which interest ran meant the date of the substantive costs order, 15 March 2018, not the date of the certificate. Section 7(2)(a)(v) was not satisfied because Mr Stephens was the moving party in the original judicial review proceedings, knew of the proceedings and costs orders, had been represented, and chose not to participate in the costs assessment process. The proposed adjournment would not assist any identified ground under s 7(2). The notice of motion was therefore dismissed, with ordinary costs to the Royal Institution.

Court Disposition

Notice of motion dismissed; defendant ordered to pay the plaintiff's costs of the motion.

Orders

  • ['Notice of motion filed 18 July 2019 is dismissed.' "The defendant is to pay the plaintiff's costs of the motion."]