Yee v O’Dea [2015] NSWSC 1752

Yee v O’Dea [2015] NSWSC 1752

The Defendant failed to establish any grounds under s 7 of the Foreign Judgments Act 1991 (Cth) for setting aside registration and the Supreme Court of NSW is not required to have a nexus to the state of residence of the debtor under the Act.

Jurisdiction
Australia
Judgment Date
26 November 2015
Procedural Posture
Notice of Motion to Set Aside Registration of Foreign Judgment / Decision on Motion
Outcome
Defendant's Notice of Motion dismissed
Legal Topics
['foreign Judgment Registration' 'jurisdiction' 'forum Non Conveniens']
['civil Procedure'] ['foreign Judgment Registration' 'jurisdiction' 'forum Non Conveniens']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside Registration of Foreign Judgment / Decision on Motion

Legal Issues

  1. 1 ['Whether Supreme Court of NSW is the appropriate court for registration of a foreign judgment where the debtor has no connection to NSW' 'Whether registration should be set aside under s 7 of Foreign Judgments Act 1991 (Cth)']

Ratio Decidendi

The Defendant failed to establish any grounds under s 7 of the Foreign Judgments Act 1991 (Cth) for setting aside registration and the Supreme Court of NSW is not required to have a nexus to the state of residence of the debtor under the Act.

Court Disposition

Defendant's Notice of Motion dismissed

Orders

  • ["The Defendant's Notice of Motion of 10 July 2015 is dismissed." "The Defendant is to pay the Plaintiff's costs of and incidental to the Notice of Motion"]