Cameron v UBS AG

(2000) 2 VR 108; [2000] VSCA 222

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Penalty
3. › Settlement agreements
4. › Provision for consent judgment upon default in paying lesser settlement sum
5. › Whether provision for judgment for full amount of foreign judgment debt upon default in paying instalments of lesser sum constitutes a penalty
6. › Whether implicit acknowledgment of debt sufficient
1. Contract
2. › Compromise and settlement
3. › Terms of settlement of foreign judgment enforcement proceedings
4. › Deed providing for payment of lesser sum by instalments with consent to judgment for full amount upon default
5. › Construction of settlement deed
1. Private International Law
2. › Foreign judgments
3. › Enforcement
4. › Compromise of proceedings to enforce foreign judgment
5. › Effect of settlement deed on enforcement

Quick Take

A settlement deed compromising proceedings to enforce a foreign judgment, which provides for payment of a lesser sum by instalments with consent to judgment for the full judgment debt upon default, is not a penalty. The debtor's implicit acknowledgment of the debt by entering into the settlement is sufficient — no express acknowledgment is required. The indulgence principle from O'Dea applies to disputed claims based on foreign judgments provided the claim is not colourable.