Ferris v Sanguine Investment Managers LLC [2024] NSWSC 1073

Supreme Court New South Wales

Medium Neutral Citation: Ferris v Sanguine Investment Managers LLC [2024] NSWSC 1073 Hearing dates: 20 August 2024 Date of orders: 27 August 2024 Decision date: 27 August 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Order that: (1) Pursuant to rule 11.8AA of the Uniform Civil Procedure Rules 2005 (NSW), the plaintiff have leave to proceed against the First Defendant; (2) 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 at the rate of 2.5% from 31 August 2022 until payment is recognised by the Supreme Court of New South Wales; (3) Judgment of the Qatar International Court First Instance Circuit dated 14 November 2022 in proceedings CTFIC0023/2021 for the Plaintiff in the sum of USD 6,340 is recognised by the Supreme Court of New South Wales; (4) Judgment of the Qatar International Court First Instance Circuit dated 8 January 2023 in proceedings CTFIC0023/2021 for the Plaintiff in the sum of USD 200,000, interest at the rate of 2.5% on USD 100,000 from 31 October 2022 until payment and interest at the rate of 2.5% on USD 100,000 from 30 November 2022 until payment is recognised by the Supreme Court of New South Wales; (5) Judgment of the Qatar International Court First Instance Circuit dated 2 April 2023 in proceedings CTFIC0023/2021 for the Plaintiff in the sum of USD 6,741 is recognised by the Supreme Court of New South Wales; (6) Judgment of the Qatar International Court First Instance Circuit dated 3 July 2023 in proceedings CTFIC0023/2021 for the Plaintiff in the sum of USD 2,610 is recognised by the Supreme Court of New South Wales; (7) The plaintiff have leave to file an amended summons to seeking orders for recognition of an order of the Qatar International Court First Instance Circuit of 19 August 2024; and (8) The matter be listed before me for further directions at 9:30am on 8 October 2024. Catchwords: PRIVATE INTERNATIONAL LAW – foreign judgments and orders – service outside of jurisdiction – leave to proceed granted PRIVATE INTERNATIONAL LAW – foreign judgments and orders – Qatar– recognition or enforcement at common law – the First Instance Circuit, Civil and Commercial Court of the Qatari International Court and Dispute Resolution Centre – recognition orders unopposed – judgments recognised Legislation Cited: Corporations Act 2001 (Cth) The Qatar Financial Centre Civil and Commercial Court Regulations and Procedural Rules, arts 18, 32.1, 32.4, 34.1, 35.1 Uniform Civil Procedure Rules 2005 (NSW), rr 10.20, 10.21, 10.26, 11.8, 11.8AA, 11.8AC, 20.26 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 AGC Capital Securities Pty Ltd v JaiJaifu Modern Agriculture (HK) Limited [2019] NSWSC 62 Bao v Qu; Tian (No 2) (2020) 102 NSWLR 435; [2020] NSWSC 588 Wilson v Wilson [2024] NSWSC 506 Zhengzhou Lvdu Real Estate Group Co Ltd v Shu [2024] NSWSC 58 Category: Principal judgment Parties: Stephen James Ferris (Plaintiff) Sanguine Investment Managers LLC (First Defendant) Christopher John Leach (Second Defendant) Representation: Counsel: THS Jackson (Plaintiff)