LFDB v SM (No 2) [2016] FCA 295

LFDB v SM (No 2) [2016] FCA 295

A stay of execution of the registered New Zealand judgments should be granted pending the outcome of proceedings in the New Zealand Court of Appeal, and the possible determination of applications in this Court to set aside registration, subject to appropriate conditions, including a proffered undertaking to prevent dissipation of assets, to ensure strict vigilance against abuse, and to preserve the efficacy of appellate and originating applications.

Jurisdiction
Australia
Judgment Date
23 March 2016
Procedural Posture
Application / Stay of Execution Pending Appeal and Application to Set Aside Registration of NZ Judgments
Outcome
Stay granted on appropriate conditions pending outcome of New Zealand appeal and applications to set aside registration.
Legal Topics
['stay Execution of Registered Judgments' 'trans Tasman Proceedings Act' 'comity' 'public Policy' 'relationship Property' 'personal Insolvency']
['practice and Procedure'] ['stay Execution of Registered Judgments' 'trans Tasman Proceedings Act' 'comity' 'public Policy' 'relationship Property' 'personal Insolvency']

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Procedural Posture

Application / Stay of Execution Pending Appeal and Application to Set Aside Registration of NZ Judgments

Legal Issues

  1. 1 ['Whether to grant a stay of execution of registered NZ judgments under the Trans-Tasman Proceedings Act 2010 (Cth) pending appeal in New Zealand and applications to set aside the registration' 'Appropriate conditions for stay' "Relevance of applicant's conduct in previous NZ proceedings" 'Relevance of comity and public policy']

Ratio Decidendi

A stay of execution of the registered New Zealand judgments should be granted pending the outcome of proceedings in the New Zealand Court of Appeal, and the possible determination of applications in this Court to set aside registration, subject to appropriate conditions, including a proffered undertaking to prevent dissipation of assets, to ensure strict vigilance against abuse, and to preserve the efficacy of appellate and originating applications.

Court Disposition

Stay granted on appropriate conditions pending outcome of New Zealand appeal and applications to set aside registration.

Orders

  • ['Within seven days parties to provide short minutes of order, either by consent or individually, to give effect to reasons for judgment.']