Ellis v Dariush-Far

(2007) 242 ALR 635; [2007] QCA 398

Queensland Court of Appeal

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Interrogate

Catchwords

1. Private International Law
2. › Foreign judgments
3. › Registration and enforcement
4. › Registration under Foreign Judgments Act 1991 (Cth)
5. › Assignment of judgment debt
6. › Whether deed of assignment effective to assign judgment debt to applicant
7. › Whether judgment enforceable in country of original court at date of application
8. › Foreign Judgments Act 1991 (Cth), ss 3, 6
1. Private International Law
2. › Foreign judgments
3. › Registration and enforcement
4. › Meaning of 'the date of the application' in s 6(6) Foreign Judgments Act 1991 (Cth)
5. › Whether date of filing or date of hearing and determination
1. Contract
2. › Construction of deeds
3. › Use of recitals to construe operative clauses
4. › Whether deed of assignment identified subject matter with sufficient certainty
1. Practice and Procedure
2. › Foreign judgments
3. › Procedural requirements for enforcement by assignee
4. › Whether procedural step under r 568 District Court Rules 1992 (NZ) was a bar to enforcement or merely facilitative

Quick Take

A procedural rule that facilitates enforcement of a judgment by an assignee (such as NZ District Court Rules r 568) does not render the judgment unenforceable for the purposes of s 6(6) of the Foreign Judgments Act 1991 (Cth), and must be distinguished from rules that erect a bar to further proceeding on a judgment. The expression 'the date of the application' in s 6(6) likely refers to the date of hearing and determination, not the date of filing, though this point was decided in obiter.