Event and Time
Event Description
This case involves an application for security for costs connected to a registered foreign judgment from South Korea. The plaintiff, KR & C Co Ltd, sought to enforce a Korean judgment against the defendant, Soon Ok Hwang, who contested the enforcement primarily by asserting that she was not properly notified about the proceedings in Korea and seeking costs security pending the outcome of her application to set aside the registration of the judgment.
Application and Claims
- The defendant filed a notice of motion on 18 December 2020 seeking orders for:
1. The plaintiff to provide security for the defendant’s costs, amounting to $33,000, or otherwise stay the proceedings.
- The plaintiff opposed the request based on the interpretation of civil procedure rules and asserted the merits of their case.
Judicial Decisions
- The court dismissed the defendant's motion and ordered her to pay the plaintiff's costs on an ordinary basis, establishing that the request for security for costs was not justified under the relevant provisions of the Uniform Civil Procedure Rules (UCPR).
Dispute Points and Legal Basis
Dispute Points
Defendant’s Position
- Claims not receiving notice of the original Korean court proceedings, arguing this contravened public policy.
- Contested the legitimacy of the Korean judgment based on alleged procedural irregularities, including service by public notice.
- Asserted high interest rates under Korean law rendered the judgment excessive and therefore contrary to public policy.
Plaintiff’s Position
- Contended that the requests for security for costs were unwarranted under the UCPR, emphasizing the absence of evidence proving their alleged inability to pay costs if ordered.