LFDB v SM [2015] FCA 725

LFDB v SM [2015] FCA 725

The New Zealand freezing orders are not 'final and conclusive' judgments for the purposes of s 66(1)(a) of the Trans-Tasman Proceedings Act 2010 (Cth) and are therefore not 'registrable NZ judgments.' Additionally, as an order that, if contravened, would make the person liable to conviction for an offence (contempt), the orders are excluded from registration under s 66(2)(i). Consequently, the registration of these orders must be set aside.

Jurisdiction
Australia
Judgment Date
20 July 2015
Procedural Posture
Originating Application (practice and Procedure) / Decision on Application to Set Aside Registration of Foreign Judgments
Outcome
Application granted. Registration of the relevant New Zealand freezing orders set aside.
Legal Topics
['trans Tasman Proceedings' 'freezing Orders' 'enforcement of Foreign Judgments' 'public Policy' 'final and Conclusive Judgment' 'procedural Fairness' 'contempt of Court']
['practice and Procedure' 'private International Law'] ['trans Tasman Proceedings' 'freezing Orders' 'enforcement of Foreign Judgments' 'public Policy' 'final and Conclusive Judgment' 'procedural Fairness' 'contempt of Court']

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Procedural Posture

Originating Application (practice and Procedure) / Decision on Application to Set Aside Registration of Foreign Judgments

Legal Issues

  1. 1 ["Whether the New Zealand freezing orders are 'registrable NZ judgments' under the Trans-Tasman Proceedings Act 2010 (Cth)" "Whether the freezing orders are 'final and conclusive' judgments for the purposes of registration" 'Whether the orders, if contravened, would make a person liable to conviction for an offence in New Zealand, thus precluding registration' 'Whether enforcement would be contrary to public policy in Australia due to denial of procedural fairness' 'Whether the subject matter is a proceeding in rem concerning property not situated in New Zealand']

Ratio Decidendi

The New Zealand freezing orders are not 'final and conclusive' judgments for the purposes of s 66(1)(a) of the Trans-Tasman Proceedings Act 2010 (Cth) and are therefore not 'registrable NZ judgments.' Additionally, as an order that, if contravened, would make the person liable to conviction for an offence (contempt), the orders are excluded from registration under s 66(2)(i). Consequently, the registration of these orders must be set aside.

Court Disposition

Application granted. Registration of the relevant New Zealand freezing orders set aside.

Orders

  • ['Proceeding NSD 645 of 2015 be consolidated with NSD 353 of 2015 and continue as NSD 353 of 2015.' 'Registration of the New Zealand High Court order dated 11 March 2015 in NSD 217 of 2015 set aside.' 'Registration of the New Zealand High Court order dated 3 June 2015 in NSD 645 of 2015 set aside.' "Respondent to...