Aktielselskabet Af.21 November 2001 v Richard James Pty Limited

The dispute in *Aktielselskabet Af.21 November 2001 v Richard James Pty Limited* concerned the enforceability of a foreign judgment. The applicant, Aktielselskabet Af.21 November 2001, sought to enforce a judgment obtained in Denmark against the respondent, Richard James Pty Limited. The matter came before Nancarrow J in the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the Danish judgment was enforceable in New South Wales. This involved determining whether the Danish court had exercised jurisdiction in a manner recognised by New South Wales law, and whether the judgment was final and conclusive. The Court also considered whether any of the defences to enforcement, such as fraud or a breach of natural justice, were available to the respondent.

Nancarrow J applied the principles of private international law regarding the recognition and enforcement of foreign judgments. His Honour examined the basis upon which the Danish court had assumed jurisdiction, finding it to be consistent with the requirements for enforceability under New South Wales law. The Court determined that the judgment was final and conclusive and that no valid defences to its enforcement were established by the respondent.

The Court ordered that the Danish judgment be recognised and enforced in New South Wales.