Fletcher Steel v Moghe [2006] NSWSC 425

Fletcher Steel v Moghe [2006] NSWSC 425

The defendant, by pleading matters going to the merits and filing a counter claim, submitted to the jurisdiction of the New Zealand High Court. The costs order is final and conclusive for purposes of registration. There was no evidence of appeal or reversal, discharge, or variation of the costs order. The judgment...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 May 2006
Procedural Posture
Registration of Foreign Judgment / Judgment
Outcome
Judgment registered; notice of motion dismissed; costs awarded to plaintiff.
Legal Topics
['registration of Foreign Judgments' 'costs Orders' 'jurisdiction' 'finality of Judgment']
['civil Procedure'] ['registration of Foreign Judgments' 'costs Orders' 'jurisdiction' 'finality of Judgment']

Source-derived case record

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Procedural Posture

Registration of Foreign Judgment / Judgment

Legal Issues

  1. 1 ['Whether the New Zealand High Court judgment can be registered under Part 2 of the Foreign Judgments Act 1991 (Cth)' 'Whether the New Zealand High Court had jurisdiction over the defendant' 'Whether the costs order is final and conclusive']

Ratio Decidendi

The defendant, by pleading matters going to the merits and filing a counter claim, submitted to the jurisdiction of the New Zealand High Court. The costs order is final and conclusive for purposes of registration. There was no evidence of appeal or reversal, discharge, or variation of the costs order. The judgment should be registered under Part 2 of the Foreign Judgments Act 1991 (Cth).

Court Disposition

Judgment registered; notice of motion dismissed; costs awarded to plaintiff.

Orders

  • ['The New Zealand High Court judgment dated 30 August 2005 for NZD $2,536.99 is registered under Part 2 of the Foreign Judgments Act 1991 (Cth).' 'The notice of motion filed 29 December 2005 is dismissed.' "The defendant is to pay the plaintiff's costs of the summons filed 19 October 2005 and of the notice of motion."]