Event and Time
Event Description
- This case involves a dispute following the registration of foreign judgments under the Foreign Judgments Act 1991 (Cth) in Australia, specifically judgments from South Korean courts regarding the enforcement of debts related to promissory notes issued by the defendant.
Application and Claims
- Plaintiff's Claims:
- The plaintiff, KR & C Co., Ltd., applied for the registration of several foreign judgments including the 2011 Judgment and the 2018 Judgment from South Korea, which ordered the defendant to pay an amount exceeding KRW 100 million and related costs.
- Defendant's Motion:
- The defendant filed a Motion (dated 26 February 2021) to set aside the registration of these Korean judgments, asserting that she was not served properly with the initiating process in South Korea and that the registration violated her right to defend herself.
Judicial Decisions
- The court dismissed the defendant's Motion and ordered her to pay the plaintiff's costs.
Dispute Points and Legal Basis
Dispute Points
- Defendant's Arguments:
- The defendant contended that she was not adequately served with notice of the proceedings in South Korea, particularly regarding the 2011 application for which a public notice was used. - She argued that this failure constituted a lack of natural justice and violated s 7(2)(a)(v) of the Foreign Judgments Act, warranting the setting aside of the registration.
- Plaintiff's Position:
- The plaintiff presented evidence that the required service was completed as per Korean law, asserting that the defendant did not appear in the original hearings. - The plaintiff maintained that all procedural steps were properly followed, including the appeals that the defendant initiated after the judgments were rendered.