Oldham v Lloyd [2017] NSWSC 87

Oldham v Lloyd [2017] NSWSC 87

There was no admissible evidence to demonstrate that the foreign costs judgment was obtained by fraud as required under s 7(2)(a)(vi) of the Foreign Judgments Act 1991 (Cth). Until the original judgment in England is set aside, there is no basis for the setting aside of the registration of the costs judgment.

Jurisdiction
Australia
Judgment Date
15 February 2017
Procedural Posture
Notice of Motion / Interlocutory Application to Set Aside Registration of Foreign Costs Judgment
Outcome
Defendant's Notice of Motion dismissed. Defendant to pay the Plaintiff's costs of the Motion.
Legal Topics
['setting Aside Registration of Foreign Judgments' 'fraud in Obtaining Judgments' 'staying Enforcement of Foreign Judgments']
['civil Procedure'] ['setting Aside Registration of Foreign Judgments' 'fraud in Obtaining Judgments' 'staying Enforcement of Foreign Judgments']

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Procedural Posture

Notice of Motion / Interlocutory Application to Set Aside Registration of Foreign Costs Judgment

Legal Issues

  1. 1 ['Whether the registration of a foreign costs judgment should be set aside on grounds of fraud' 'Whether enforcement of the foreign costs judgment should be stayed']

Ratio Decidendi

There was no admissible evidence to demonstrate that the foreign costs judgment was obtained by fraud as required under s 7(2)(a)(vi) of the Foreign Judgments Act 1991 (Cth). Until the original judgment in England is set aside, there is no basis for the setting aside of the registration of the costs judgment.

Court Disposition

Defendant's Notice of Motion dismissed. Defendant to pay the Plaintiff's costs of the Motion.

Orders

  • ["Defendant's Notice of Motion dated 6 December 2016 dismissed." "Defendant to pay the Plaintiff's costs of the Motion."]