31 Mar 2021
An application to set aside registration of an Australian judgment under the Trans-Tasman Proceedings Act 2010 is not properly categorised as an 'interlocutory application' for the purposes of s56(3) Senior Courts Act 2016; accordingly an appeal against a decision declining to set aside such registration lies as of right, and the Court continued the stay of execution pending that appeal.
17 Dec 2013
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.
13 Sept 2012
On the balance of probabilities the contemporaneous service form and the process server's account grounded in his practice established that personal service occurred on 9 August 2010; the applicant's denial was not sufficient to discharge the onus under s 6(1)(c), therefore the registration was not to be set aside.
16 May 2008
The Court held s 6(1)(c) requires notice of the proceedings generally rather than notice of the specific interlocutory hearing; Mr Lane had actual and sufficient notice and elected not to take procedural steps, so registration could not be set aside under s 6(1)(c) or s 6(1)(e); the public policy exception did not apply because there was no breach of fundamental justice; s 7 discretion was declined because the pending appeal and previous unsuccessful applications did not justify setting aside or adjourning registration.