New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Private international law


   

  1. 04/09/2015Canada
    Private international law:

    enforcement of foreign judgments; appellants exposed Ecuadorian respondents to severe environmental pollution between 1964 and 1992; respondents received $9.51 billion judgment against appellants in Ecuador after successful litigation for displacement and environmental harm; respondents sought to enforce damages order in US courts, Brazil, Argentina and Canada; respondents commenced action for recognition and enforcement of Ecuadorian judgment in Ontario against Chevron Canada, an indirect subsidiary; whether Court has jurisdiction to hear the action; given relationship between Ontario-based Chevron Canada and Chevron, Ontario court has jurisdiction to adjudicate a recognition and enforcement action; generous and liberal approach to recognition and enforcement of foreign judgments desirable; Ontario court given jurisdiction by act of service on basis of a foreign judgment within limits of the province; actions for recognition and enforcement distinct from actions at first instance; recognition and enforcement simply allows pre-existing obligation to be fulfilled; enforcing Court therefore not concerned that parties located elsewhere; legitimate foreign judicial acts should be respected and enforced; appeal dismissed


    Chevron Corporation v Yaiguaje  [2015] SCC 42
  2. 27/03/2015
    Private international law: statutory contribution between tortfeasors; workplace accident in Perth; proceedings between employee and third party compromised in District Court of New South Wales; third party seeks statutory contribution from employer; absence of federal jurisdiction; characterisation of apportionment legislation; applicable choice of law rule for statutory claim for contribution
    Redbro Investments Pty Ltd v Ceva Logistics (Australia) Pty Ltd  [2015] NSWCA 73
  3. 27/01/2015Singapore
    Private international law: conflict of laws; restraint of foreign proceedings; forum non conveniens; anti-suit injunction; enforcement and validity of prenuptial agreement; divorce proceedings in Singapore; prenuptial agreement governed by New York law; whether defendant amenable to Singapore jurisdiction; whether Singapore natural forum for resolution; whether foreign proceedings are prima facie vexatious or oppressive; whether the institution of the foreign proceedings is in breach of any agreement between the parties; anti-suit injunction will be granted where foreign proceedings are vexatious or oppressive; Singapore jurisdiction to hear divorce and ancillary matters; both parties’ mutual child’s best interests can be safeguarded by Singapore court; appeals dismissed
    AQN v AQO  [2015] SGHC 19
  4. 23/10/2014
    Private international law: Foreign States Immunities Act 1985 (Cth) and Foreign Judgments Act 1991 (Cth); appeal concerned whether applicant was required to comply with the service requirements for commencing proceedings against a foreign State under Part III of the Foreign States Immunities Act 1985 (Cth); application for leave to appeal; whether Republic of Nauru was out of time to apply under Immunities Act s 38 to set aside the registered judgment; whether Nauru was immune from jurisdiction in the proceeding to register the Japanese judgment under Immunities Act s 9; whether bank accounts fell within an exception to the immunity from execution under Immunities Act s 30 because the funds were used substantially for commercial purposes; appeal dismissed
    Firebird Global Master Fund II Ltd v Republic of Nauru  [2014] NSWCA 360
  5. 20/10/2014Singapore
    Private international law: conflict of laws; enforceability of foreign judgments; appellant Singapore incorporated company and respondent Germany based corporation entered into a Partner Agreement to integrate spam filter and email categorisation service into appellant’s “Real Mail” application; appellant failed to make full payment to respondent for the use of the service; respondent sued appellant in Berlin, Germany; default judgment against appellant as it had failed to respond to respondent’s claim; proceedings in Singapore to enforce judgment of German court; respondent’s application for summary judgment granted; whether Singapore action should be stayed in the light of the concurrent German proceedings; a party should not be stopped from pursuing its claim in the appropriate forum just because an action had been commenced in another forum; UBS AG v Telesto Investments Ltd and others and another matter [2011] 4 SLR 503 cited; whether respondent failed to give full and frank disclosure of the background facts to the Berlin Regional Court; principles of extrinsic fraud and intrinsic fraud discussed; Hong Pian Tee v Les Placements Germain Gauthier Inc [2002] 1 SLR(R) 515 applied; case of the Supreme Court of Canada Beals v Saldanha [2003] 3 SCR 416 discussed; appeal dismissed
    Eleven Gesellschaft Zur Entwicklung Und Vermarktung Von Netzwerktechonologien MBH v BoxsentryPte Ltd  [2014] SGHC 210
  6. 25/07/2014
    Private international law: stay of proceedings; clearly inappropriate forum test; negligence; asbestos related injury; where governing law is of New Zealand; where the respondent had previously brought similar proceedings in New South Wales; whether the Supreme Court of Queensland was a ‘clearly inappropriate forum’ by reference to the Trans-Tasman Proceedings Act 2010 (Cth); appeal dismissed
    Studorp Limited v Robinson  [2014] QCA 174
  7. 02/04/2014United Kingdom
    Private international law: choice of law; conflict of laws; whether English statute applies extra-territorially; tort; assessment of damages; Fatal Accidents Act 1976 ss 1, 3, 4; where English army officer killed in Germany when car left road and hit him; car driven by German national insured by German insurers; where the appellant is the widow of the deceased claiming damages against insurance company; whether English law or German law applicable to assessment of damages; whether appellant required to give credit for maintenance from new partner following birth of their child; English law applicable as appellant’s domicile in England; Regulation EC No. 864/2007 (Rome II)art 4(2) applicable; appeal dismissed
    Cox v Ergo Versicherung AG  [2014] UKSC 22
  8. 06/02/2014
    Private international law: foreign judgment; High Court of Solomon Islands judgment registered pursuant to Foreign Judgments Act 1991 (Cth); application to set aside registration; whether judgment was a ‘money judgment’ within the meaning of the Act; whether foreign court had jurisdiction; whether there was a prior final and conclusive judgment; whether the foreign judgment had been obtained as a result of fraud
    Quarter Enterprises Pty Ltd v Allardyce Lumber Company Ltd  [2014] NSWCA 3
  9. 06/09/2013
    Private international law: anti-suit injunction; restraint of proceedings in Dubai; CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 considered; anti-suit injunction will be granted where foreign proceedings are vexatious or oppressive; foreign proceedings will be vexatious or oppressive where nothing can be gained over and above what may be gained in local proceedings; onus on party seeking injunctive relief to establish vexation or oppression; party resisting injunctive relief must demonstrate that some advantage is to be gained by pursuing foreign proceedings; no advantage established; foreign proceedings would be vexatious or oppressive; appeal dismissed
    Sunland Waterfront (BVI) Ltd & Anor v Prudentia Investments Pty Ltd & Ors  [2013] VSCA 237
  10. 28/05/2013
    Private international law: foreign states; immunity; Foreign States Immunities Act 1985 (Cth); s 9-general immunity of foreign state from local jurisdiction; s 11(1)-exception to general immunity in respect of proceedings concerning a commercial transaction; s 11(2)-proceedings concerning the payment of grants or scholarships excluded from s 11(1); construction of s 11; payments not in respect of grants or scholarships but for provision of services; proceedings concerned commercial transactions; respondents were not immune from jurisdiction; appeal allowed; Juan Ysmael & Co Inc v Government of the Republic of Indonesia [1955] AC 72, Australian Federation of Islamic Councils Inc v Westpac Banking Corporation (1988) 17 NSWLR 623, and Zhang v Zemin (2010) 79 NSWLR 513 considered
    Australian International Islamic College Board Inc IA 30976 v Kingdom of Saudi Arabia & Anor  [2013] QCA 129