Bao v Qu; Tian (No 2) [2020] NSWSC 588

Bao v Qu; Tian (No 2) [2020] NSWSC 588

The requirements for enforcement of a foreign judgment at common law are satisfied, as the Chinese court had jurisdiction, the judgment is final and for a liquidated sum, and the parties are identical; the Alleged Repayments either were (or could have been) raised and decided in the Chinese proceedings, so they do not bar enforcement; the interest (including Article 253 Interest) is not shown to be penal and is enforceable.

Jurisdiction
Australia
Judgment Date
19 May 2020
Procedural Posture
Enforcement of Foreign Judgment / Final Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['foreign Judgment Enforcement' 'jurisdiction' 'pre Judgment Interest' 'common Law Enforcement']
['private International Law' 'civil Procedure'] ['foreign Judgment Enforcement' 'jurisdiction' 'pre Judgment Interest' 'common Law Enforcement']

Case Brief

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Procedural Posture

Enforcement of Foreign Judgment / Final Judgment

Legal Issues

  1. 1 ['Whether the Final Chinese Judgment is enforceable in New South Wales at common law' 'Whether the requirements for common law enforcement of a foreign judgment are satisfied' 'Whether the Alleged Repayments by defendants bar enforcement' 'The applicability of foreign interest awards and whether any interest component is penal and unenforceable']

Ratio Decidendi

The requirements for enforcement of a foreign judgment at common law are satisfied, as the Chinese court had jurisdiction, the judgment is final and for a liquidated sum, and the parties are identical; the Alleged Repayments either were (or could have been) raised and decided in the Chinese proceedings, so they do not bar enforcement; the interest (including Article 253 Interest) is not shown to be penal and is enforceable.

Court Disposition

Judgment for the plaintiff

Orders

  • ['The defendants shall pay the plaintiff an amount of RMB 2,802,849.' "The defendants shall pay the plaintiff's costs, as agreed or assessed, of and incidental to these proceedings."]