Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
LFDB v SM (No 2) [2016] FCA 295 File number(s): NSD 1665 of 2015
Judge(s): GRIFFITHS J
Date of judgment: 23 March 2016
Catchwords: PRACTICE AND PROCEDURE - application to stay execution of judgments registered under the Trans-Tasman Proceedings Act 2010 (Cth) – appeal proceedings in New Zealand and applications to set aside the registered judgments – relevant considerations in determining whether or not to grant a stay – relevance of first applicant's conduct in previous proceedings in New Zealand and critical observations of that conduct by various New Zealand Courts – relevance of comity – stay granted on appropriate conditions
Legislation: Federal Court of Australia Act 1976 (Cth), s 37AF Foreign Judgments Act 1991 (Cth), s 8 Property (Relationships) Act 1976 (NZ) Trans-Tasman Proceedings Act 2010 (Cth), ss 72(1), 76(1)
Cases cited: Dawn Jade Ltd v Himanshu Girdhar Dua [2014] NSWSC 1085 LFDB v SM [2015] FCA 725
Date of hearing: 23 March 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicants: Mr P Herzfeld
Solicitor for the Applicants: O'Neill Partners Commercial Lawyers
Counsel for the Respondent: Dr C Ward SC
Solicitor for the Respondent: Marque Lawyers
ORDERS NSD 1665 of 2015
BETWEEN: LFDB (and others named in the Schedule) First Applicant AND: SM Respondent
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