Recent Cases

Nyunt v First Property Holdings Pte Ltd [2022] NSWCA 249 (06 December 2022) (Bell CJ, Macfarlan and Gleeson JJA)


Catchwords:


PRIVATE INTERNATIONAL LAW – foreign judgments and orders – statutory registration of judgments – setting aside registration of foreign judgments – where Singapore High Court entered default judgment against Applicant and subsequent judgment assessing damages – where both Singaporean judgments registered in New South Wales under Foreign Judgments Act 1991 (Cth) – application to set aside registration of Singapore judgments under s 7 of Foreign Judgments Act – whether foreign default judgment should be set aside in circumstances where judgment debtor knew of the existence of foreign proceedings but did not know the quantum of compensation claimed in those proceedings – whether registration contrary to public policy or should be set aside on basis that judgment debtor did not have sufficient notice of proceedings – whether judgment should be set aside on basis that judgment creditor had first sought to sue judgment debtor in Myanmar before commencing proceedings in Singapore – whether there was any “election” so as to deprive judgment creditor of benefit of non-exclusive submission to jurisdiction clause

JUDGMENTS AND ORDERS – registration and enforcement – setting aside registration of foreign judgments – where Singapore High Court entered default judgment against Applicant and subsequent judgment assessing damages – where both Singaporean judgments registered in New South Wales under Foreign Judgments Act 1991 (Cth) – application to set aside registration of Singapore judgments under s 7 of Foreign Judgments Act – whether foreign default judgment should be set aside in circumstances where judgment debtor knew of the existence of foreign proceedings but did not know the quantum of compensation claimed in those proceedings – whether registration contrary to public policy or should be set aside on basis that judgment debtor did not have sufficient notice of proceedings – whether judgment should be set aside on basis that judgment creditor had first sought to sue judgment debtor in Myanmar before commencing proceedings in Singapore – whether there was any “election” so as to deprive judgment creditor of benefit of non-exclusive submission to jurisdiction clause