Allardyce Lumbar Company Limited v Quarter Enterprises Pty Limited [2010] NSWSC 807

New South Wales Supreme Court

CITATION : Allardyce Lumbar Company Limited v Quarter Enterprises Pty Limited [2010] NSWSC 807

HEARING DATE(S) : 19 July 2010

JUDGMENT DATE : 12 August 2010

JUDGMENT OF : Davies J

DECISION : (1) The judgment dated 20 May 2009 of the High Court of the Solomon Islands by which it was adjudged that the Defendants pay money to the Plaintiffs be registered under Part 2 of the Foreign Judgments Act 1991 (Cth) for the sum of US$315,118.93. (2) The Defendants may within 28 days after service upon them of notice of registration, apply to set aside the registration. (3) The judgment may be enforced to the full extent of the terms that are to be registered. (4) The Defendants are to pay the Plaintiffs' cost of the proceedings.

CATCHWORDS : JUDGMENTS – foreign judgments – registration of – contested application – requirements to be satisfied – requirement to show that if judgment registered the registration would not be liable to be set aside under s 7 Foreign Judgments Act 1991 (Cth) – whether those matters need to be determined on application for registration – appropriate order to be sought.

Civil Procedure Act 2005 Commerce Act 1986 (New Zealand) Court of Appeal Act (Solomon Islands) Evidence Act 1995 LEGISLATION CITED : Foreign Judgments Act 1991 (Cth) Foreign Judgments Regulations 1992 (Cth) Solomon Islands Courts (Civil Procedure) Rules 2008 Uniform Civil Procedure Rules Uniform Civil Procedure Rules 1999 (Qld)

CATEGORY : Procedural and other rulings

Fox v Percy (2003) 214 CLR 118 CASES CITED : Mendikwae Limited v Adel Ibrahim El-Mezin [2000] QSC 056 SS Hontestroom v SS Sagaporack [1927] AC 37