KR & C Co Ltd v Soon Ok Hwang [2021] NSWSC 164

KR & C Co Ltd v Soon Ok Hwang [2021] NSWSC 164

In light of the justice between the parties, including the arguably reasonable grounds for setting aside and the fact that the delay arose from the defendant's lawyers’ tactical decision rather than any fault of the party, time should be extended to allow the defendant to apply to set aside registration of the judgment.

Jurisdiction
Australia
Judgment Date
25 February 2021
Procedural Posture
Interlocutory Application / Application for Extension of Time to Apply to Set Aside Registration of Foreign Judgment
Outcome
Extension of time granted for application to set aside registration of judgment.
Legal Topics
['extension of Time' 'foreign Judgment Registration' 'natural Justice' 'security for Costs']
['practice and Procedure'] ['extension of Time' 'foreign Judgment Registration' 'natural Justice' 'security for Costs']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Extension of Time to Apply to Set Aside Registration of Foreign Judgment

Legal Issues

  1. 1 ['Whether time should be extended for the defendant to apply to set aside the registration of a foreign judgment under the Foreign Judgments Act 1991 (Cth)' 'Whether failure to file an application to set aside within time is excusable' 'Whether the ground of public policy or denial of natural justice is reasonably arguable']

Ratio Decidendi

In light of the justice between the parties, including the arguably reasonable grounds for setting aside and the fact that the delay arose from the defendant's lawyers’ tactical decision rather than any fault of the party, time should be extended to allow the defendant to apply to set aside registration of the judgment.

Court Disposition

Extension of time granted for application to set aside registration of judgment.

Orders

  • ['Time for the defendant to apply to set aside the registration is extended to close of business on 2 March 2021.' 'Defendant to file and serve any further evidence by 2 March 2021.' 'Plaintiff to file and serve any further evidence by 5 March 2021.' 'Matter listed for directions before Registrar at 9 am on 8 March...