GRABOWSKI v JAFFARI AND JAFFARI [2013] NZHC 3417

GRABOWSKI v JAFFARI AND JAFFARI [2013] NZHC 3417

The High Court found no basis to conclude the New South Wales liability judgment was obtained by fraud; the foreign trial judge's credibility findings were supported by the evidence and conduct of the trial was not unfair, therefore the application to set aside registration was refused and registration of the costs judgment was authorized.

Citation
[2013] NZHC 3417
Parties
Judgment Creditor: LIVIA GRABOWSKI; Judgment Debtor: MEHDI JAFFARI; Judgment Debtor: TRACY JAFFARI
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 December 2013
Procedural Posture
Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1934 / Judgment on Application to Set Aside Registration and to Register Costs Judgment
Outcome
Application to set aside the liability judgment refused; leave granted to register the costs judgment.
Legal Topics
Registration of Foreign Judgment, Set Aside Registration, Reciprocal Enforcement, Fraud in Obtaining Judgment, Costs
Civil Enforcement of Foreign Judgments Conflict of Laws Equity/fraud Registration of Foreign Judgment Set Aside Registration Reciprocal Enforcement Fraud in Obtaining Judgment +1 more

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Parties

LIVIA GRABOWSKI

Judgment Creditor

MEHDI JAFFARI

Judgment Debtor

TRACY JAFFARI

Judgment Debtor

Procedural Posture

Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1934 / Judgment on Application to Set Aside Registration and to Register Costs Judgment

Legal Issues

  1. 1 Whether the New South Wales liability judgment was obtained by fraud such that registration should be set aside under s 6(1)(d) of the Act
  2. 2 Whether registration of the associated costs judgment should be permitted
  3. 3 Admissibility and credibility of evidence given at trial and alleged procedural unfairness in the foreign trial

Ratio Decidendi

The High Court found no basis to conclude the New South Wales liability judgment was obtained by fraud; the foreign trial judge's credibility findings were supported by the evidence and conduct of the trial was not unfair, therefore the application to set aside registration was refused and registration of the costs judgment was authorized.

Court Disposition

Application to set aside the liability judgment refused; leave granted to register the costs judgment.

Orders

  • Application to set aside the liability judgment refused.
  • Leave granted to register the costs judgment.