Eisenberg v Joseph [2001] NSWSC 1062

Eisenberg v Joseph [2001] NSWSC 1062

The Innsbruck District Court had jurisdiction because Mr Joseph invoked its jurisdiction and the litigation was within its ordinary jurisdiction; its judgment was final and conclusive, for a fixed sum, and between the same parties. The alleged natural justice defects arose from Mr Joseph's language difficulties and the conduct of his Austrian lawyer, not from the Austrian Court or Dr Eisenberg, and did not make enforcement contrary to natural justice. Judgment was therefore entered for Dr Eisenberg in Austrian schillings with agreed interest, while costs were ordered to reflect Pt 52A r 33, the offers made from 9 October 2001, and the defendant's insistence on witness availability for...

Jurisdiction
Australia
Judgment Date
15 November 2001
Procedural Posture
Action to Enforce an Austrian Court Judgment for Costs Assessed in Austrian Schillings / Final Judgment
Outcome
Judgment for the plaintiff for 234,746.70 Austrian schillings, with costs orders made.
Legal Topics
['enforcement of Foreign Judgments' 'foreign Currency Judgment' 'natural Justice Defence' 'interest on Foreign Judgment' 'costs and Calderbank Offers']
['private International Law' 'civil Procedure' 'costs'] ['enforcement of Foreign Judgments' 'foreign Currency Judgment' 'natural Justice Defence' 'interest on Foreign Judgment' 'costs and Calderbank Offers']

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Procedural Posture

Action to Enforce an Austrian Court Judgment for Costs Assessed in Austrian Schillings / Final Judgment

Legal Issues

  1. 1 ['Whether the Austrian Court judgment should be enforced in the Supreme Court of New South Wales.' 'Whether enforcement should be refused because it would be contrary to natural justice.' 'Whether judgment should be given in Austrian schillings and whether interest should be awarded.' "What costs orders should be made having regard to Pt 52A r 33 and the parties' offers."]

Ratio Decidendi

The Innsbruck District Court had jurisdiction because Mr Joseph invoked its jurisdiction and the litigation was within its ordinary jurisdiction; its judgment was final and conclusive, for a fixed sum, and between the same parties. The alleged natural justice defects arose from Mr Joseph's language difficulties and the conduct of his Austrian lawyer, not from the Austrian Court or Dr Eisenberg, and did not make enforcement contrary to natural justice. Judgment was therefore entered for Dr Eisenberg in Austrian schillings with agreed interest, while costs were ordered to reflect Pt 52A r 33, the offers made from 9 October 2001, and the defendant's insistence on witness availability for...

Court Disposition

Judgment for the plaintiff for 234,746.70 Austrian schillings, with costs orders made.

Orders

  • ['All previous orders for costs are vacated.' "The plaintiff, Dr Eisenberg, is to pay the defendant's costs on a party and party basis from 9 October onwards, including all costs and disbursements incurred by or on behalf of the defendant in relation to the proposed cross-examination of any of the plaintiff's...