Oakwood Sydney Pty Ltd v You [2019] NSWSC 1047

Oakwood Sydney Pty Ltd v You [2019] NSWSC 1047

Reading the registered judgment as a whole, including the note stating that the judgment was in Korean won and the separate reference to AUD for costs, made it clear that the claim amount, interest claimed and total were intended to be amounts in Korean won. That was the only basis advanced for setting aside the judgment, so the application to set aside the judgment was declined. Because the respondent conceded the Notice of Registration was not properly served, the Court declared non-service and set aside the writ of levy.

Jurisdiction
Australia
Judgment Date
31 July 2019
Procedural Posture
Application Concerning a Foreign Judgment Registered Under the Foreign Judgments Act 1991 (cth) and Enforcement by Writ of Levy / Hearing of Application to Set Aside the Registered Judgment and Writ of Levy
Outcome
Application to set aside the registered judgment refused; declaration made that the Notice of Registration was not served; writ of levy set aside; respondent/plaintiff ordered to pay costs.
Legal Topics
['setting Aside for Irregularity' 'registration of Foreign Judgments' 'service of Notice of Registration' 'writ of Levy' 'currency Notation in Judgment']
['civil Procedure' 'foreign Judgments' 'enforcement of Judgments'] ['setting Aside for Irregularity' 'registration of Foreign Judgments' 'service of Notice of Registration' 'writ of Levy' 'currency Notation in Judgment']

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Procedural Posture

Application Concerning a Foreign Judgment Registered Under the Foreign Judgments Act 1991 (cth) and Enforcement by Writ of Levy / Hearing of Application to Set Aside the Registered Judgment and Writ of Levy

Legal Issues

  1. 1 ['Whether the registered judgment should be set aside because the claimed amount and interest were preceded by a dollar symbol despite the judgment being in Korean won.' 'Whether the Notice of Registration was served upon the applicant/defendant.' 'Whether the Writ of Levy on property issued on 16 May 2019 should be set aside.']

Ratio Decidendi

Reading the registered judgment as a whole, including the note stating that the judgment was in Korean won and the separate reference to AUD for costs, made it clear that the claim amount, interest claimed and total were intended to be amounts in Korean won. That was the only basis advanced for setting aside the judgment, so the application to set aside the judgment was declined. Because the respondent conceded the Notice of Registration was not properly served, the Court declared non-service and set aside the writ of levy.

Court Disposition

Application to set aside the registered judgment refused; declaration made that the Notice of Registration was not served; writ of levy set aside; respondent/plaintiff ordered to pay costs.

Orders

  • ['Declare that the Notice of Registration was not served upon the applicant/defendant;' 'The Writ of Levy on the property of the respondent/plaintiff issued on 16 May 2019 be set aside;' 'The respondent/plaintiff is to pay the costs of the applicant/defendant.']