Gros v Jones [2011] NSWSC 1605

Gros v Jones [2011] NSWSC 1605

The application was refused because the Subordinate Courts of the Republic of Singapore are not specified inferior courts to which Part 2 of the Foreign Judgments Act 1991 (Cth) applies under the relevant regulations; therefore, the orders made by those courts are not registrable under the Act.

Parties
Plaintiff: Antonija Gros; Defendant: Craig Victor Jones
Jurisdiction
Australia
Judgment Date
06 December 2011
Procedural Posture
Interlocutory Application / Ex Parte Application for Registration of a Foreign Judgment
Outcome
Application refused; matter stood over for consideration of possible amendment
Legal Topics
Recognition and Enforcement of Foreign Judgments

Case Brief

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Parties

Antonija Gros

Plaintiff

Craig Victor Jones

Defendant

Procedural Posture

Interlocutory Application / Ex Parte Application for Registration of a Foreign Judgment

  1. 1 Whether the Subordinate Courts of the Republic of Singapore are specified inferior courts for the purposes of Part 2 of the Foreign Judgments Act 1991 (Cth)
  2. 2 Whether the orders made by the Subordinate Courts of Singapore can be registered and enforced under the Foreign Judgments Act 1991 (Cth)

Ratio Decidendi

The application was refused because the Subordinate Courts of the Republic of Singapore are not specified inferior courts to which Part 2 of the Foreign Judgments Act 1991 (Cth) applies under the relevant regulations; therefore, the orders made by those courts are not registrable under the Act.

Court Disposition

Application refused; matter stood over for consideration of possible amendment

Orders

  • Orders sought in paragraphs 1 and 3 of the summons refused
  • Matter stood over whilst plaintiff considers whether she wishes to amend the summons