NSW Caselaw
New South Wales Supreme Court
CITATION : Independent Trustee Services Ltd v Morris [2010] NSWSC 1218
HEARING DATE(S) : 20 October 2010
JUDGMENT DATE : 20 October 2010
JUDGMENT OF : Bryson AJ at 1
EX TEMPORE JUDGMENT DATE : 20 October 2010
DECISION : 1. Judgment in favour of the Planitiff against the Defendant in the sum of ₤29,397,240.96. 2. An order that an account be taken before an Associate Justice, on the basis of wilful default, of the dealings by the Defendant, his servants and agents with the ₤52 million paid out of the Impacted Schemes as referred to in order 1 of the orders of the High Court of Justice Chancery Division of 1 July 2010, and the traceable proceeds thereof.
CATCHWORDS : COURTS and JUDGES - PRIVATE INTERNATIONAL LAW recognition and enforcement of foreign judgments - plaintiff obtained in litigation in High Court London judgment for money amount and declarations establishing liability for knowing ssistance of breaches of trust, and order for accounts - plaintiff sought judgment and orders in NSW enforcing orders of High Court - exercise of jurisdiction in UK based on service outside UK (and in NSW) and not on service within UK - defendant, a UK citizen resident in Australia, did not appear and plaintiff applied for summary disposal consideration of - recognition and enforcement of foreign judgments for a) money sum, b) equitable remedies - citizenship of foreign jurisdiction as a ground for recognition, sufficient connexion as ground for enforcement of equitable remedies - after review of case law, judgment and orders of High Court were enforced
LEGISLATION CITED : Uniform Civil Procedure Rules 2005
Davis v Turning Properties Pty Ltd [2005] NSWSC 642 Emanuel v Symon [1908] 1 KB 302 Federal Finance and Mortgage Ltd v Winternitz (unreported SC (NSW), 9 November 1989) General Steam Navigation Co v Guillou (1843) 11 M & W 877 CASES CITED : Houlditch v Marquis of Donegal (1834) 2 Cl & F 470; 6 ER 1232 Rainford v Newell-Roberts [1962] IR 95 Roussillon v Roussillon (1880) 14 Ch D 351 Schibsby v Westenholz (1870) LR 6 QB 155 White v Verkouille [1990] 2 Qd R 191
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