Severstal Export GmbH v Bhushan Steel Ltd [2013] NSWCA 102

Severstal Export GmbH v Bhushan Steel Ltd [2013] NSWCA 102

The primary judge did consider the requirement in UCPR r 25.14(4) and was entitled, on the evidence, to infer a danger that a prospective Indian judgment in favour of the respondent could remain unsatisfied if the cheques or proceeds were removed from Australia. The appellant had pleaded in India that the proceedings were barred by the Swiss proceedings and Swiss law, and it was open to infer that it might rely on Article 27 of the Swiss Federal Code on Private International Law to resist enforcement in Switzerland. Because it was arguable that enforcement of an Indian judgment could be resisted in Switzerland, the primary judge did not err in maintaining the freezing order. The...

Jurisdiction
Australia
Judgment Date
08 May 2013
Procedural Posture
Appeal Concerning Freezing Order Under Uniform Civil Procedure Rules 2005 R 25.14 / Appeal From Orders of Sackar J in the Equity Division Restraining Removal From Australia of Cheques or Proceeds
Outcome
Appeal dismissed with costs.
Legal Topics
['freezing Orders' 'foreign Proceedings' 'construction of Uniform Civil Procedure Rules 2005 R 25.14' 'danger That Prospective Judgment Will Be Unsatisfied' 'registration or Enforcement of Foreign Judgments']
['civil Procedure' 'private International Law' 'enforcement of Foreign Judgments'] ['freezing Orders' 'foreign Proceedings' 'construction of Uniform Civil Procedure Rules 2005 R 25.14' 'danger That Prospective Judgment Will Be Unsatisfied' 'registration or Enforcement of Foreign Judgments']

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Procedural Posture

Appeal Concerning Freezing Order Under Uniform Civil Procedure Rules 2005 R 25.14 / Appeal From Orders of Sackar J in the Equity Division Restraining Removal From Australia of Cheques or Proceeds

Legal Issues

  1. 1 ['Whether the primary judge failed to determine that there was a danger that a prospective judgment in favour of Bhushan Steel Limited in the Delhi proceedings would be wholly or partly unsatisfied.' 'Whether the primary judge erred in determining that there was a danger that a prospective judgment in the Delhi proceedings would be wholly or partly unsatisfied.' 'Whether the judgment referred to in Uniform Civil Procedure Rules 2005 r 25.14(4), where foreign proceedings are involved, is the foreign judgment or prospective foreign judgment rather than a New South Wales judgment obtained on registration or enforcement.']

Ratio Decidendi

The primary judge did consider the requirement in UCPR r 25.14(4) and was entitled, on the evidence, to infer a danger that a prospective Indian judgment in favour of the respondent could remain unsatisfied if the cheques or proceeds were removed from Australia. The appellant had pleaded in India that the proceedings were barred by the Swiss proceedings and Swiss law, and it was open to infer that it might rely on Article 27 of the Swiss Federal Code on Private International Law to resist enforcement in Switzerland. Because it was arguable that enforcement of an Indian judgment could be resisted in Switzerland, the primary judge did not err in maintaining the freezing order. The...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']