Sywak v Sywak [2009] NSWSC 1393

Sywak v Sywak [2009] NSWSC 1393

The Court holds that s 6(5) of the Foreign Judgments Act confers unfettered discretion to extend time for applications to set aside registration of foreign judgments. Since the UK judgment was wholly satisfied, registration must be set aside pursuant to s 7(2)(x), notwithstanding currency fluctuations and the delayed application, as justice requires that no further payment be extracted from the debtor than what was ordered by the foreign court.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Notice of Motion / Post Registration of Foreign Judgment; Application to Set Aside Registration
Outcome
Application to extend time granted. Registration of foreign judgment set aside.
Legal Topics
['foreign Judgments' 'registration of Foreign Judgments' 'extension of Time' 'setting Aside Registrations']
['civil Procedure'] ['foreign Judgments' 'registration of Foreign Judgments' 'extension of Time' 'setting Aside Registrations']

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Procedural Posture

Notice of Motion / Post Registration of Foreign Judgment; Application to Set Aside Registration

Legal Issues

  1. 1 ['Does the Court have discretion under s 6(5) of the Foreign Judgments Act 1991 (Cth) to extend time to apply to set aside registration of a foreign judgment after the initial period?' 'Should registration of a foreign judgment in Australia be set aside when the underlying foreign judgment has been satisfied, especially in light of currency fluctuations?']

Ratio Decidendi

The Court holds that s 6(5) of the Foreign Judgments Act confers unfettered discretion to extend time for applications to set aside registration of foreign judgments. Since the UK judgment was wholly satisfied, registration must be set aside pursuant to s 7(2)(x), notwithstanding currency fluctuations and the delayed application, as justice requires that no further payment be extracted from the debtor than what was ordered by the foreign court.

Court Disposition

Application to extend time granted. Registration of foreign judgment set aside.

Orders

  • ['The application to extend time to make an application to set aside the registration of the judgement be granted.' "Registration of the UK Court's judgment be set aside as from today's date." 'Costs to follow the event unless parties cannot agree.']