Ferris v Sanguine Investment Managers LLC [2024] NSWSC 1073

Ferris v Sanguine Investment Managers LLC [2024] NSWSC 1073

Leave to proceed against SIM was granted because SIM had been properly served in Qatar, the proceeding sought recognition or enforcement of judgments within Sch 6 to the UCPR, there was a real issue to be determined, and the Supreme Court was not a clearly inappropriate forum. The five Qatari judgments were recognised because the Qatari Court had jurisdiction in the international sense over the defendants, the judgments were final and conclusive, the parties were identical to the judgment debtors and enforcement defendants, and each judgment was for a fixed, liquidated sum.

Jurisdiction
Australia
Judgment Date
27 August 2024
Procedural Posture
Private International Law Application for Recognition of Foreign Judgments and Leave to Proceed Against a Foreign Defendant / Unopposed Ex Parte Hearing; Principal Judgment
Outcome
Leave to proceed against the First Defendant granted; five Qatar International Court First Instance Circuit judgments recognised; leave granted to file an amended summons; matter listed for further directions.
Legal Topics
['recognition and Enforcement of Foreign Judgments at Common Law' 'service Outside Australia' 'leave to Proceed Against Foreign Defendant' 'qatar International Court Judgments']
['private International Law' 'civil Procedure'] ['recognition and Enforcement of Foreign Judgments at Common Law' 'service Outside Australia' 'leave to Proceed Against Foreign Defendant' 'qatar International Court Judgments']

Case Brief

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Procedural Posture

Private International Law Application for Recognition of Foreign Judgments and Leave to Proceed Against a Foreign Defendant / Unopposed Ex Parte Hearing; Principal Judgment

Legal Issues

  1. 1 ['Whether leave should be granted under rule 11.8AA of the Uniform Civil Procedure Rules 2005 (NSW) to proceed against Sanguine Investment Managers LLC after service outside Australia.' 'Whether the judgments of the Qatar International Court First Instance Circuit satisfied the common law requirements for recognition in New South Wales.' 'Whether the plaintiff should have leave to amend the summons to seek recognition of a further Qatar International Court order of 19 August 2024.']

Ratio Decidendi

Leave to proceed against SIM was granted because SIM had been properly served in Qatar, the proceeding sought recognition or enforcement of judgments within Sch 6 to the UCPR, there was a real issue to be determined, and the Supreme Court was not a clearly inappropriate forum. The five Qatari judgments were recognised because the Qatari Court had jurisdiction in the international sense over the defendants, the judgments were final and conclusive, the parties were identical to the judgment debtors and enforcement defendants, and each judgment was for a fixed, liquidated sum.

Court Disposition

Leave to proceed against the First Defendant granted; five Qatar International Court First Instance Circuit judgments recognised; leave granted to file an amended summons; matter listed for further directions.

Orders

  • ['Pursuant to rule 11.8AA of the Uniform Civil Procedure Rules 2005 (NSW), the plaintiff have leave to proceed against the First Defendant.' 'Judgment of the Qatar International Court First Instance Circuit dated 27 September 2022 in proceedings CTFIC0023/2021 for the Plaintiff in the sum of USD 300,000 and interest...