Kingston Securities Ltd v Lee [2024] NSWSC 402

Kingston Securities Ltd v Lee [2024] NSWSC 402

Section 7(2)(a)(v) of the Foreign Judgments Act 1991 (Cth) requires the Court to set aside the registration if satisfied the defendant did not receive notice of the proceedings in sufficient time to defend them and did not appear before judgment, and a subsequent appearance to set aside judgment does not alter this; accordingly, the judgment must be set aside.

Parties
Plaintiff: Kingston Securities Limited; Defendant: Wilson Lee
Jurisdiction
Australia
Judgment Date
17 April 2024
Procedural Posture
Application to Set Aside Registration of Foreign Judgment / Judgment on Motion to Set Aside Registration and Motion Concerning Court Held Monies
Outcome
Defendant's application to set aside registration granted; plaintiff's Notice of Motion dismissed.
Legal Topics
Foreign Judgment Registration, Notice of Proceedings, Appearance Before Foreign Court, Funds Paid Into Court
Private International Law Civil Procedure Foreign Judgment Registration Notice of Proceedings Appearance Before Foreign Court Funds Paid Into Court

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Parties

Kingston Securities Limited

Plaintiff

Wilson Lee

Defendant

Procedural Posture

Application to Set Aside Registration of Foreign Judgment / Judgment on Motion to Set Aside Registration and Motion Concerning Court Held Monies

Legal Issues

  1. 1 Proper construction of s 7(2)(a)(v) of the Foreign Judgments Act 1991 (Cth)
  2. 2 Whether defendant 'appeared' in the proceedings within the meaning of s 7(2)(a)(v)
  3. 3 Whether monies paid into Court should be paid into the Hong Kong Court or retained in the New South Wales Court

Ratio Decidendi

Section 7(2)(a)(v) of the Foreign Judgments Act 1991 (Cth) requires the Court to set aside the registration if satisfied the defendant did not receive notice of the proceedings in sufficient time to defend them and did not appear before judgment, and a subsequent appearance to set aside judgment does not alter this; accordingly, the judgment must be set aside.

Court Disposition

Defendant's application to set aside registration granted; plaintiff's Notice of Motion dismissed.

Orders

  • Pursuant to section 7(2)(a)(v) of the Foreign Judgments Act 1991 (Cth) the judgment of the Court entered on 16 November 2023 in favour of the plaintiff against the defendant for $10,960,277.74 is set aside.
  • Plaintiff's Notice of Motion filed 31 March 2024 is dismissed.