Oakwood Sydney Pty Ltd v You [2020] NSWSC 583

Oakwood Sydney Pty Ltd v You [2020] NSWSC 583

The material filed satisfied the requirements of s 6 of the Foreign Judgments Act 1991 (Cth) for registration of the Seoul Central District Court judgment for W133,045,513 Korean Won. The additional claim for post-judgment interest was unsupported once the relevant affidavit paragraph was not pressed, so relief was confined to registration of the judgment sum and associated application costs. Because the defendant incurred unnecessary costs opposing the unsupported interest claim, the plaintiff was ordered to pay those costs.

Jurisdiction
Australia
Judgment Date
13 May 2020
Procedural Posture
Application for Registration of a Foreign Judgment / Summons for Orders Registering Foreign Judgment
Outcome
Foreign judgment registered for the judgment sum; plaintiff's claim for post-judgment interest not pressed; costs orders made for both parties on different aspects.
Legal Topics
['registration of Foreign Judgment' 'foreign Judgments Act 1991 (cth)' 'judgment Sum' 'post Judgment Interest' 'party/party Costs']
['private International Law' 'costs'] ['registration of Foreign Judgment' 'foreign Judgments Act 1991 (cth)' 'judgment Sum' 'post Judgment Interest' 'party/party Costs']

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Procedural Posture

Application for Registration of a Foreign Judgment / Summons for Orders Registering Foreign Judgment

Legal Issues

  1. 1 ['Whether the foreign judgment of the Seoul Central District Court should be registered under s 6 of the Foreign Judgments Act 1991 (Cth) for the judgment sum.' 'Whether the plaintiff was entitled to registration or recovery of the claimed post-judgment interest.' 'What costs orders should be made where the plaintiff did not press the claim for post-judgment interest.']

Ratio Decidendi

The material filed satisfied the requirements of s 6 of the Foreign Judgments Act 1991 (Cth) for registration of the Seoul Central District Court judgment for W133,045,513 Korean Won. The additional claim for post-judgment interest was unsupported once the relevant affidavit paragraph was not pressed, so relief was confined to registration of the judgment sum and associated application costs. Because the defendant incurred unnecessary costs opposing the unsupported interest claim, the plaintiff was ordered to pay those costs.

Court Disposition

Foreign judgment registered for the judgment sum; plaintiff's claim for post-judgment interest not pressed; costs orders made for both parties on different aspects.

Orders

  • ['An order for the foreign judgment dated 12 September 2018 of the Seoul Central District Court of the Republic of Korea, by which it was adjudged that Jun Won You, Nonghyup Bank Co., Ltd, and Hana Bank Co. Ltd jointly pay money to Oakwood Sydney Pty Ltd (ACN: 132 365 309), be registered under Part 2, s 6(2) of the...