First Property Holdings Pte Ltd v Nyunt [2019] NSWSC 249

First Property Holdings Pte Ltd v Nyunt [2019] NSWSC 249

The registration was not set aside because Mr Nyunt had agreed in the joint venture agreement and loan agreement to submit to the non-exclusive jurisdiction of the Singapore courts in respect of the subject matter of the Singapore claims; he had actual notice of the Singapore proceedings and chose not to appear; the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Application by Judgment Debtor to Set Aside Registration of Singapore Judgments Under the Foreign Judgments Act 1991 (cth) / Defendant's Notice of Motion After Registration of Foreign Judgments as Judgments of the Supreme Court of New South Wales
Outcome
Defendant's motion dismissed with costs
Legal Topics
['registration and Enforcement of Foreign Judgments' 'foreign Judgments Act 1991 (cth) S 7' 'submission to Jurisdiction' 'notice of Foreign Proceedings' 'fraud in Obtaining a Foreign Judgment' 'public Policy Ground for Refusing Enforcement' 'abuse of Process' 'final and Conclusive Foreign Judgment']
['judgments and Orders' 'private International Law' 'civil Procedure'] ['registration and Enforcement of Foreign Judgments' 'foreign Judgments Act 1991 (cth) S 7' 'submission to Jurisdiction' 'notice of Foreign Proceedings' 'fraud in Obtaining a Foreign Judgment' 'public Policy Ground for Refusing Enforcement' 'abuse of Process' 'final and Conclusive Foreign Judgment']

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Procedural Posture

Application by Judgment Debtor to Set Aside Registration of Singapore Judgments Under the Foreign Judgments Act 1991 (cth) / Defendant's Notice of Motion After Registration of Foreign Judgments as Judgments of the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether the High Court of Singapore had jurisdiction because Mr Nyunt had agreed before the Singapore proceedings commenced to submit to the non-exclusive jurisdiction of the Singapore courts.' 'Whether Mr Nyunt received notice of the Singapore proceedings in sufficient time to enable him to defend them.' 'Whether the Singapore judgments were obtained by fraud.' 'Whether enforcement of the Singapore judgments would be contrary to public policy because the Singapore proceedings were an abuse of process in light of Myanmar litigation.' 'Whether the matters in dispute in Singapore had already been the subject of a final and conclusive judgment by a court having jurisdiction.']

Ratio Decidendi

The registration was not set aside because Mr Nyunt had agreed in the joint venture agreement and loan agreement to submit to the non-exclusive jurisdiction of the Singapore courts in respect of the subject matter of the Singapore claims; he had actual notice of the Singapore proceedings and chose not to appear; the allegation that the Singapore judgments were obtained by fraud was not established; the Myanmar proceedings did not involve the same matters in dispute or final and conclusive judgments on the Singapore claims; and enforcement was not contrary to public policy or an abuse of process within s 7 of the Foreign Judgments Act 1991 (Cth).

Court Disposition

Defendant's motion dismissed with costs

Orders

  • ["Mr Nyunt's notice of motion dated 17 March 2017 is dismissed with costs." 'The application to reopen the proceedings was dismissed on 30 April 2018.']