Yoon v Song [2000] NSWSC 1147

Yoon v Song [2000] NSWSC 1147

The action failed as the plaintiff did not establish personal ownership of the moneys claimed under the foreign judgment; fresh material evidence demonstrated the moneys belonged to Dong Bang and not the plaintiff. Non-disclosure of this evidence in the Korean proceedings constituted fraud under the principles applicable to foreign judgments, so the Korean judgment could not be enforced.

Parties
Plaintiff: Ki Won Yoon; Defendant: Young Dung Song
Jurisdiction
Australia
Judgment Date
08 December 2000
Procedural Posture
Action at Common Law on Foreign Judgment / Judgment at First Instance
Outcome
Judgment for the defendant
Legal Topics
Enforcement of Foreign Judgments, Fraud and Foreign Judgments, Effect of Foreign Judgments Act 1991 (cth), Personal and Corporate Ownership of Funds, Penal Interest Rates
Private International Law Enforcement of Foreign Judgments Fraud and Foreign Judgments Effect of Foreign Judgments Act 1991 (cth) Personal and Corporate Ownership of Funds Penal Interest Rates

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Parties

Ki Won Yoon

Plaintiff

Young Dung Song

Defendant

Procedural Posture

Action at Common Law on Foreign Judgment / Judgment at First Instance

Legal Issues

  1. 1 Whether the Foreign Judgments Act 1991 (Cth) prohibited a common law action on the Korean judgment
  2. 2 Whether the foreign judgment was obtained by fraud
  3. 3 Ownership of the moneys paid under the foreign judgment

Ratio Decidendi

The action failed as the plaintiff did not establish personal ownership of the moneys claimed under the foreign judgment; fresh material evidence demonstrated the moneys belonged to Dong Bang and not the plaintiff. Non-disclosure of this evidence in the Korean proceedings constituted fraud under the principles applicable to foreign judgments, so the Korean judgment could not be enforced.

Court Disposition

Judgment for the defendant

Orders

  • Judgment for the defendant
  • Plaintiff to pay defendant's costs of the proceedings