Independent Trustee Services Ltd v Morris [2010] NSWSC 1218

Independent Trustee Services Ltd v Morris [2010] NSWSC 1218

The Supreme Court of NSW recognises and enforces the English High Court judgment as a money judgment, relying on the defendant’s UK citizenship as a sufficient connection, and also agrees to enforce declaratory and accounting orders as equitable remedies. The repeated statements by English appellate courts about citizenship as a ground for recognition are given effect, and there is a sufficient connection for the equitable orders as the defendant resides in NSW and relies on UK citizenship.

Jurisdiction
Australia
Judgment Date
20 October 2010
Procedural Posture
Application for Recognition and Enforcement of Foreign Judgment / Summary Judgment (undefended)
Outcome
Judgment for plaintiff; orders for enforcement of foreign judgment and taking of account
Legal Topics
['recognition and Enforcement of Foreign Judgments' 'enforcement of Money Judgments' 'enforcement of Equitable Remedies' 'jurisdiction Based on Citizenship']
['private International Law' 'equity'] ['recognition and Enforcement of Foreign Judgments' 'enforcement of Money Judgments' 'enforcement of Equitable Remedies' 'jurisdiction Based on Citizenship']

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Procedural Posture

Application for Recognition and Enforcement of Foreign Judgment / Summary Judgment (undefended)

Legal Issues

  1. 1 ['Whether the foreign money judgment from the High Court of Justice of England and Wales should be recognised and enforced in New South Wales' 'Whether declarations and orders for account made by a foreign court can be enforced as equitable remedies in New South Wales' 'Whether citizenship provides a sufficient connection for enforcement of foreign judgments']

Ratio Decidendi

The Supreme Court of NSW recognises and enforces the English High Court judgment as a money judgment, relying on the defendant’s UK citizenship as a sufficient connection, and also agrees to enforce declaratory and accounting orders as equitable remedies. The repeated statements by English appellate courts about citizenship as a ground for recognition are given effect, and there is a sufficient connection for the equitable orders as the defendant resides in NSW and relies on UK citizenship.

Court Disposition

Judgment for plaintiff; orders for enforcement of foreign judgment and taking of account

Orders

  • ['Judgment in favour of the Plaintiff against the Defendant in the sum of ₤29,397,240.96.' 'An order that an account be taken before an Associate Justice, on the basis of wilful default, of the dealings by the Defendant, his servants and agents with the ₤52 million paid out of the Impacted Schemes as referred to in...