Kebekus v Commonwealth Bank of Australia [2021] NSWSC 1633

Supreme Court New South Wales

Medium Neutral Citation: Kebekus v Commonwealth Bank of Australia [2021] NSWSC 1633 Hearing dates: 3 December 2021 Decision date: 03 December 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Declare that the plaintiff, as insolvency administrator of the second defendant appointed on 1 June 2016 in proceedings 251 in 41/16 in the Local Court of Dortmund in Germany, is entitled to receive, and to discharge the first defendant for the receipt of, all money standing to the credit of the bank account in the name of the second defendant bearing account number 06 2000 15938890 held by the first defendant. 2. An order that the plaintiff, as insolvency administrator, is at liberty to transmit the money referred to in Order 1 out of the jurisdiction of this Court to the credit of an account or accounts in his name within the jurisdiction of the Local Court of Dortmund, Germany. Catchwords: PRIVATE INTERNATIONAL LAW — Foreign judgments and orders — Enforcement in equity Legislation Cited: Evidence Act 1995 (NSW), s 174 Foreign Judgments Act 1991 (Cth) Insolvenzordnung [Insolvency Statute] (Germany), 5 October 1994, ss 35, 80 Cases Cited: Davis v Turning Properties Pty Ltd (2005) 222 ALR 676; [2005] NSWSC 742 Deputy Commissioner of Taxation v Shi (2021) 392 ALR 1 Didisheim v London and Westminster Bank [1900] 2 Ch 15; Independent Trustee Services Ltd v Morris (2010) 79 NSWLR 425; [2010] NSWSC 1218 MindShare Communications Ltd v Orleans Investments Pty Ltd [2000] FCA 521 Pelegrin v Cootes & Co [1915] 1 Ch 696 Re Young Deceased [1955] SR Qd 254 Schemmer v Property Resources Ltd [1975] Ch 273 White v Verkouille [1990] 2 Qd R 191 Category: Principal judgment Parties: Frank Kebekus (Plaintiff) Commonwealth Bank of Australia (First Defendant) Apanage GmbH & Co KG (Second Defendant) Representation: Counsel: I Griscti (Plaintiff)