Macquarie Bank Limited v Juno Holdings S.a.r.l. [2015] NSWSC 1260

Supreme Court New South Wales

Medium Neutral Citation: Macquarie Bank Limited v Juno Holdings S.a.r.l. [2015] NSWSC 1260 Hearing dates: 20 August 2015 Decision date: 03 September 2015 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Plaintiff entitled to judgment but with simple interest only. Parties to calculate amount. Reserve costs. Catchwords: PRIVATE INTERNATIONAL LAW – enforcement of foreign judgment – where plaintiff obtained judgment in the Court of First Instance in the Netherlands Antilles – where defendant exhausted all avenues of appeal available in that jurisdiction – common law enforcement of that judgment in New South Wales – requirement at common law that the primary judgment be for a sum certain in money – dispute between parties as to whether judgment interest calculable on a simple or compound basis – whether permissible to go behind the judgment to the background factual matrix to illuminate the basis of interest calculation contemplated by the judgment – where so to do would be to undo the final and conclusive nature of the primary judgment upon which common law enforcement depends – where the judgment itself makes no provision for compound interest – irrelevance of other considerations – result that simple interest only to be awarded Legislation Cited: Civil Procedure Act 2005 (NSW) Foreign Judgments Act 1991 (Cth) Cases Cited: Damberg v Damberg (2001) 52 NSWLR 492 Nouvion v Freeman (1889) 15 App Cas 1 Category: Principal judgment Parties: Macquarie Bank Limited (Plaintiff) Juno Holdings S.a.r.l (Defendant) Representation: Counsel: I M Jackman SC / DFC Thomas / E Bathurst (Plaintiff) P M Wood / D Sulan (Defendant)