Herd v Haines [2023] FCA 325

Herd v Haines [2023] FCA 325

The Court held that there is statutory power under the Trans-Tasman Proceedings Act 2010 (Cth) to register an omitted part of a New Zealand judgment even after partial registration, as each judgment sum is a 'registrable provision.' No estoppel, res judicata, or public policy principle precludes registration in the absence of express statutory prohibition, and the registration serves the facilitative and efficient purpose of the Act.

Jurisdiction
Australia
Judgment Date
05 April 2023
Procedural Posture
Application to Register Foreign Judgment / Judgment
Outcome
Application granted; omitted New Zealand judgment sum registered.
Legal Topics
['foreign Judgments' 'registration of New Zealand Judgment' 'trans Tasman Proceedings Act 2010 (cth)' 'estoppel (anshun Estoppel)' 'res Judicata' 'public Policy and Finality of Litigation']
['practice and Procedure'] ['foreign Judgments' 'registration of New Zealand Judgment' 'trans Tasman Proceedings Act 2010 (cth)' 'estoppel (anshun Estoppel)' 'res Judicata' 'public Policy and Finality of Litigation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Register Foreign Judgment / Judgment

Legal Issues

  1. 1 ['Whether the Court has the power to permit registration of a further sum from a New Zealand judgment previously partially registered under the Trans-Tasman Proceedings Act 2010 (Cth)' 'Whether the applicants are estopped (via Anshun estoppel or res judicata) from seeking registration of the omitted judgment debt' 'Whether public policy grounds prevent the registration of the omitted judgment debt']

Ratio Decidendi

The Court held that there is statutory power under the Trans-Tasman Proceedings Act 2010 (Cth) to register an omitted part of a New Zealand judgment even after partial registration, as each judgment sum is a 'registrable provision.' No estoppel, res judicata, or public policy principle precludes registration in the absence of express statutory prohibition, and the registration serves the facilitative and efficient purpose of the Act.

Court Disposition

Application granted; omitted New Zealand judgment sum registered.

Orders

  • ['Pursuant to s 67 of the Trans-Tasman Proceedings Act 2010 (Cth), the judgment of the High Court of New Zealand in Case No. CIV 2014-488-187, as stated in the Certificate of Registration filed 19 December 2022, in the sum of $477,671.04 be registered.' 'No order as to costs.']