Norsemeter Holdings AS v Pieter Boele [No. 3] [2002] NSWSC 390

New South Wales Supreme Court

CITATION : Norsemeter Holdings AS v Pieter Boele [No. 3] [2002] NSWSC 390 FILE NUMBER(S) : SC 50173/01 HEARING DATE(S) : 1/05/02 JUDGMENT DATE : 1 May 2002

PARTIES : Norsemeter Holdings AS (Plaintiff) Pieter Boele (Defendant) JUDGMENT OF : Einstein J

COUNSEL : Mr J Kirk (Plaintiff) Mr Geikie (solicitor) (Defendant) SOLICITORS : Corrs Chambers Westgarth (Plaintiff) Hogan Geikie Poole (Defendant) CATCHWORDS : Judgments - Enforcement of foreign judgment - Whether judgment should be entered in Australian currency or foreign currency - Whether judgment should be entered in multiple foreign currencies. - Time and calculation of interest Currency Act 1965 (Cth) LEGISLATION CITED : Norwegian Civil Procedure Act 1915 Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Batchelor v Burke (1981) 148 CLR 448 Beatty v Beatty [1924] 1 KB 807 Brown Boveri (Australia) Pty Ltd v Baltic Shipping Co (1989) 15 NSWLR 448 Maschinenfabrick v Altikar [1984] 3 NSWLR 152 Miliangos v George Frank (Textiles) Ltd [1976] AC 443 CASES CITED : Mitsui OSK Lines Ltd v The Ship Minesal Transporter [1983] 2 NSWLR 564 State Bank of NSW v Swiss Bank Corporation (1995) 39 NSWLR 350 Swiss Bank Corporation v State of NSW (1993) 33 NSWLR 63 The Despina R [1979] AC 685 Vlasons Shipping v Neuchatel (No 2) [1998] VSC 135 Westpac Banking Corporation v MV "Stone Gemini" [1999] FCA 917 DECISION : The orders of the Court are as follows: Summary Judgment in the amounts SEK 10,265,643.70 and NOK 2,026,478.76 made up of the following amounts SEK 7,000,000 - being the principal sum said to be payable from 12 June 1998 SEK 3,265,643.70 - being interest on the principal sum from 12 June 1998 up to 30 April 2002 NOK 1,842,687 - being the total of the costs orders made by the Bogarting Court of Appeal NOK 177,503.76 - being interest on the costs orders by the Court of Appeal at 12 per cent from 12 July 2001 NOK 6000 - being the costs orders of the Norwegian Supreme Court in the judgment served on 22 November 2001 NOK 288 - being the interest on the costs order by the Norwegian Supreme Court - from 6 December 2001 up to 30 April 2002.