Singh v Singh

[2009] WASCA 53

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Private International Law
2. › Jurisdiction over foreign immovable property
3. › Mocambique rule
4. › Exceptions to the Mocambique rule
5. › In personam jurisdiction
6. › Fraud alleged in relation to foreign land
7. › Whether court may grant in personam relief against persons within jurisdiction concerning foreign immovable property
1. Private International Law
2. › Forum non conveniens
3. › Whether continuation of proceedings would be oppressive or vexatious
4. › Onus on defendant to show clearly inappropriate forum
5. › Relevant connecting factors
1. Property Law
2. › Fraudulent alienation of property
3. › Territorial reach of statutory provision
4. › Whether s 89(1) Property Law Act 1969 (WA) extends to foreign immovable property
5. › Presumption against extra-territorial operation of legislation
6. › Property Law Act 1969 (WA), s 89

Quick Take

Section 89(1) of the Property Law Act 1969 (WA) is arguable as extending to the fraudulent alienation of foreign immovable property where the fraudulent conduct occurred in Western Australia by a person resident in the State. A court may exercise in personam jurisdiction over persons within the jurisdiction to grant relief concerning foreign immovable property where fraud is alleged, without needing to enforce the judgment in the foreign jurisdiction, because in personam orders can compel the defendants to execute transfer documents.