Baycorp Collections PDL (Australia) Pty Ltd v Greer

Baycorp Collections PDL (Australia) Pty Ltd (the applicant) sought to enforce a default judgment against Mr Greer (the respondent) in the Magistrates Court of Western Australia. The dispute concerned the applicant's ability to enforce the judgment, which had been obtained in New South Wales, against the respondent in Western Australia. The applicant sought to register the New South Wales judgment in Western Australia under the *Service and Execution of Process Act 1992* (Cth) (SEPA).

The primary legal issue before the Court was whether the respondent had a sufficient connection to Western Australia to permit the applicant to register the New South Wales default judgment in the Western Australian Magistrates Court. Specifically, the Court had to determine if the respondent was ordinarily resident in Western Australia or carried on business in Western Australia, as required by section 105 of SEPA for the registration of judgments from other Australian states and territories.

Judge Burchardt reasoned that the respondent's connection to Western Australia was insufficient to satisfy the requirements of section 105 of SEPA. The evidence presented did not establish that the respondent was ordinarily resident in Western Australia or that he carried on business there. Consequently, the Court found that it lacked the necessary jurisdiction to register the New South Wales judgment. The application for registration was therefore dismissed.