Allardyce Lumber Company Limited and Ors v Quarter Enterprises Pty Limited and Anor (No. 2) [2012] NSWSC 438

Supreme Court New South Wales

Medium Neutral Citation: Allardyce Lumber Company Limited and Ors v Quarter Enterprises Pty Limited and Anor (No. 2) [2012] NSWSC 438 Hearing dates: 30 June 2011, 5 July 2011, 6 July 2011 Decision date: 04 May 2012 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Applicants' Notice of Motion filed 27 September 2010 is dismissed. 2. The Applicants' Notice of Motion filed 22 July 2011 is dismissed. 3. Parties will be heard on the question of costs. Catchwords: JUDGMENTS - foreign judgment - judgment of High Court of Solomon Islands - judgment registered after contested application under s.6 Foreign Judgments Act 1991 (Cth) - application under s.7 to set aside registration of judgment - whether judgment registered in contravention of Act - whether High Court of Solomon Islands had jurisdiction - whether judgment obtained by fraud - whether applicable test is different where fraud alleged in obtaining foreign judgment as opposed to local judgment - whether enforcement of judgment contrary to public policy - whether matter in dispute already subject of final and conclusive judgment by other court - whether leave to reopen hearing ought be granted after judgment reserved - reopening application refused - all grounds to set aside registration of judgment rejected Legislation Cited: Foreign Judgments Act 1991 (Cth) Judiciary Act 1903 (Cth) Civil Procedure Act 2005 Evidence Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: Allardyce Lumber Company Limited v Quarter Enterprises Pty Limited [2010] NSWSC 807 Allardyce Lumber Company Limited and Ors v Quarter Enterprises Pty Limited and Anor (No. 1) (unreported, 30 June 2011) Port of Melbourne Authority v Anshun Pty Limited [1981] HCA 45; 147 CLR 589 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Walton v Gardiner [1993] HCA 77; 177 CLR 378 at 393 Johnson v Gore Wood & Co (a Firm) [2002] 2 AC 1 Mendikwae Limited v El-Mezin [2000] QSC 56 Vehicle Wash Systems Pty Limited v Mark VII Equipment Inc (1997) 80 FCR 571 Daewoo Australia Pty Limited v Suncorp-Metway Limited [2000] NSWSC 35; 48 NSWLR 692 Deveigne v Askar [2007] NSWCA 45; 69 NSWLR 327 Zhu v Treasurer of the State of NSW [2004] HCA 56; 218 CLR 530 Keele v Findley (1990) 21 NSWLR 444 Yoon v Song [2000] NSWSC 1147; 158 FLR 595 Wentworth v Rogers (No. 5) (1986) 6 NSWLR 534 Benefit Strategies Group Inc v Prider [2005] SASC 194; 91 SASR 544 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Amalgamated Television Services Pty Limited v Marsden [2002] NSWCA 419 Abouloff v Oppenheimer (1882) 10 QBD 295 Vadala v Lawes (1890) 25 QBD 310 Stern v National Australia Bank [1999] FCA 1421 Jenton Overseas Investment Pty Limited v Townsing [2008] VSC 470; 21 VR 241 D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; 223 CLR 1 Gaskin v Ollerenshaw [2010] NSWSC 788 Texts Cited: Davies, Bell and Brereton, "Nygh's Conflict of Laws in Australia", LexisNexis, 2010, 8th edn Category: Principal judgment Parties: Allardyce Lumber Company Limited, John Henry Howden Beverley and Devon George Minchin (Plaintiffs/Respondents) Quarter Enterprises Pty Limited and Ronald Harry Gibbs (Defendants/Applicants) Representation: Mr F Assaf (Plaintiffs/Respondents) Mr PE King (Defendants/Applicants) Jackson Lalic Lawyers Pty Limited (Plaintiffs/Respondents) Hayes Partners (Defendants/Applicants) File Number(s): 2010/54251 Publication restriction: ---