Wong v Jani-King Franchising, Inc

[2014] QCA 76

Queensland Court of Appeal

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Interrogate

Catchwords

1. Private International Law
2. › Foreign judgments
3. › Enforcement of foreign judgments at common law
4. › Jurisdiction of foreign court
5. › Submission to jurisdiction
6. › Whether opposing joinder on grounds unrelated to jurisdiction constituted submission
7. › Whether participation went beyond contesting jurisdiction
8. › Foreign Judgments Act 1991 (Cth), s 11
1. Appeal
2. › Admission of fresh evidence
3. › Whether fresh evidence could have made a difference to the result
4. › Evidence of foreign law

Quick Take

Opposing the joinder of an additional defendant in foreign proceedings on grounds unrelated to jurisdiction (such as delay to the trial) constitutes submission to the foreign court's jurisdiction and takes the defendant outside the protection of s 11 of the Foreign Judgments Act 1991 (Cth). A prolonged failure to pursue a jurisdictional challenge in foreign proceedings may also amount to evidence of waiver.