Court of Appeal

Marks v ANZ Banking Group Limited [2014] QCA 102 (13/7806) Muir and Gotterson JJA and Daubney J 6 May 2014

Full-text: QCA14-102.pdf


PRIVATE INTERNATIONAL LAW RECOGNITION, EFFECT AND ENFORCEMENT OF FOREIGN JUDGMENTS UNDER LEGISLATION ENFORCEMENT OF FOREIGN JUDGMENTS REGISTRATION SETTING ASIDE where the appellant was a guarantor to a Facility Agreement issued by the respondent in Singapore where the Facility Agreement contained a non-exclusive jurisdiction clause where default occurred and the respondent commenced proceedings against the appellant in Singapore where judgment entered on 27 December 2012 ordered the appellant to pay A$11,102,788.56 where the respondent applied to the Queensland Supreme Court to register the judgment and was granted registration pursuant to Part 2 of the Foreign Judgments Act 1991 (Cth) where the appellant sought to set aside the registration but the application was dismissed whether the Singapore judgment was an abuse of process given that the respondent had commenced another action in Queensland for the recovery of possession of land whether the High Court of Singapore had jurisdiction whether the appellant submitted to the jurisdiction of Singapore whether the Singapore judgment was for an ascertained amount of money whether the registration of the foreign judgment should be set aside