KR & C Co Ltd v Soon Ok Hwang [2021] NSWSC 551

KR & C Co Ltd v Soon Ok Hwang [2021] NSWSC 551

The application for security for costs was dismissed because, even assuming the defendant could bring the application, the defendant did not show that the plaintiff would be unable to meet an adverse costs order. The plaintiff was a South Korean corporation but was a wholly owned subsidiary of Korea Deposit Insurance Corporation, a statutory authority, and there was no evidence that the South Korean government standing behind it would be unable to meet costs. The defendant's public policy grounds for setting aside registration were weak: the extension of enforceability under South Korean law, service by public notice in accordance with South Korean law after earlier personal service, and...

Jurisdiction
Australia
Judgment Date
18 May 2021
Procedural Posture
Security for Costs Application Relating to Registration of a Foreign Judgment / Defendant's Notice of Motion for Security for Costs in Proceedings Involving an Application to Set Aside Registration of a South Korean Judgment
Outcome
Defendant's notice of motion for security for costs dismissed; defendant ordered to pay the plaintiff's costs on an ordinary basis.
Legal Topics
['security for Costs' 'registered Foreign Judgment' 'application to Set Aside Registration' 'public Policy' 'foreign Judgments Act 1991 (cth)' 'ucpr R 42.21']
['civil Procedure' 'foreign Judgments' 'costs'] ['security for Costs' 'registered Foreign Judgment' 'application to Set Aside Registration' 'public Policy' 'foreign Judgments Act 1991 (cth)' 'ucpr R 42.21']

Case Brief

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Procedural Posture

Security for Costs Application Relating to Registration of a Foreign Judgment / Defendant's Notice of Motion for Security for Costs in Proceedings Involving an Application to Set Aside Registration of a South Korean Judgment

Legal Issues

  1. 1 ['Whether the defendant could obtain security for costs against the plaintiff in proceedings under the Foreign Judgments Act 1991 (Cth).' 'Whether UCPR r 53.4 precluded the defendant, as judgment debtor, from seeking security for costs.' "Whether there was reason to believe the plaintiff would be unable to pay the defendant's costs if ordered to do so." "Whether the defendant's application to set aside the registered South Korean judgment had reasonable prospects of success on public policy grounds." 'If security were ordered, what amount of security would be appropriate.']

Ratio Decidendi

The application for security for costs was dismissed because, even assuming the defendant could bring the application, the defendant did not show that the plaintiff would be unable to meet an adverse costs order. The plaintiff was a South Korean corporation but was a wholly owned subsidiary of Korea Deposit Insurance Corporation, a statutory authority, and there was no evidence that the South Korean government standing behind it would be unable to meet costs. The defendant's public policy grounds for setting aside registration were weak: the extension of enforceability under South Korean law, service by public notice in accordance with South Korean law after earlier personal service, and...

Court Disposition

Defendant's notice of motion for security for costs dismissed; defendant ordered to pay the plaintiff's costs on an ordinary basis.

Orders

  • ["The defendant's notice of motion filed 18 December 2020 is dismissed." "The defendant is to pay the plaintiff's costs on an ordinary basis."]