Hudson Investment Group & Anor v Pacific Holdings [2006] NSWSC 873

New South Wales Supreme Court

CITATION : Hudson Investment Group & Anor v Pacific Holdings [2006] NSWSC 873 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 29 August 2006

JUDGMENT DATE : 31 August 2006

JURISDICTION : Common Law

JUDGMENT OF : Associate Justice Harrison

DECISION : (1) A stay of enforcement of the judgment registered in this Court pending the outcome of the appeal is granted was the basis that Hudson Investment Group Limited provide the proposed written undertaking by 5.00pm on 1 September 2006; (2) Costs are reserved; (3) The argument on costs is stood over to a date to be fixed.

CATCHWORDS : Stay of foreign judgment

LEGISLATION CITED : Foreign Judgments Act 1991 (Cth) - s 8 Uniform Civil Procedure Rules 2005 (NSW) - Rule 25.8

CASES CITED : Rosengrens Ltd v Safe Deposit Centres Ltd [1984] 3 All ER 198

Hudson Investment Group Limited - Second Plaintiff PARTIES : Hudson Pacific Group Limited - Third Plaintiff

Pacific Holdings Limited - Defendant

FILE NUMBER(S) : SC 11348/2006

COUNSEL : Mr J Stoljar - Plaintiffs Mr T H Barrett - Defendant

SOLICITORS : Mallesons Stephen Jaques - Plaintiffs Bamford Associates, Lawyers - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE HARRISON

THURSDAY, 31 AUGUST 2006

11348/2006 - HUDSON INVESTMENT GROUP LIMITED & ANOR v PACIFIC HOLDING LIMITED

JUDGMENT (Stay of foreign judgment) 1 HER HONOUR: By summons filed 23 March 2006 the plaintiff seeks an order under s 8 of the Foreign Judgments Act 1991 (Cth) (the Act) that enforcement of the judgment dated 21 September 2005 of the High Court of New Zealand, Auckland Registry in suit no CIV-2005-404-531, registered under Part 2 of the Act by order of this Court entered on 7 February 2006 and served on the plaintiffs on 13 March 2006, be stayed pending the final determination of the appeal of the judgment commenced by the plaintiffs in the Court of Appeal of New Zealand by notice of appeal dated 5 October 2005, on condition that the plaintiffs pursue the said appeal in an expeditious manner. At the hearing, the first plaintiff was removed as a party to these proceedings. 2 The second plaintiff is Hudson Investment Group Limited (Hudson Investment Group). The third plaintiff is Hudson Pacific Group Limited (Hudson Pacific Group). For ease of reference, I will refer to the plaintiffs collectively as "Hudson". The defendant is Pacific Holdings Limited (Pacific Holdings). Hudson relied on two affidavits of Francis Yeung Wai Choy dated 4 May 2006 and 22 June 2006, two affidavits of Jaqueline Shan Langston dated 21 March 2006 and 23 March 2006 and the affidavit of Sally Erin Fitzgerald dated 22 March 2006. Pacific Holdings relied on the affidavit of David Stuart Watt dated 25 May 2006. Pacific Holdings opposed the order sought and submitted that Hudson should pay the moneys to it on the judgment debt owed or alternatively these moneys be paid into Court. 3 On 21 September 2005 Pacific Holdings obtained summary judgment in the New Zealand High Court against Hudson (the judgment). On 5 October 2005 Hudson appealed the judgment. It is due to be heard in two weeks time. 4 Section 8 of the Foreign Judgements Act 1991 (Cth) reads: "Stay of enforcement of a registered judgment