› Jurisdiction in the international sense — submission by participation in appeal
Private International Law
› Foreign judgments
› Final and conclusive judgment — appellate confirmation
Practice and Procedure
› Default judgment
› Non-appearance of defendant
Quick Take
1At common law, a foreign judgment is enforceable in NSW if the foreign court exercised jurisdiction of the requisite type over the defendant, the judgment is final and conclusive, there is identity of parties, and the judgment is for a fixed liquidated sum (applying Bao v Qu; Tian (No 2) [2020] NSWSC 588).
2Submission to the jurisdiction of the foreign court is established where the defendant participated in the foreign proceedings and appealed the first-instance decision without challenging jurisdiction.
3Where the Foreign Judgments Act 1991 (Cth) does not apply (here, because China is not a prescribed country), enforcement of a foreign judgment may proceed under the common law.
