Bendigo and Adelaide Bank Ltd v Quine

Bendigo and Adelaide Bank Ltd sought an order from the Supreme Court of Victoria for the defendant, Quine, to pay outstanding debts owed under a loan agreement. The bank applied to the court to decline to exercise jurisdiction on the basis that Quine had significant assets in England, and a judgment against him in Australia would not be enforceable in the UK. The court was required to decide whether the Civil Procedure Act 2010 required it to consider the enforceability of a judgment in a jurisdiction where the defendant had assets, and whether a judgment of this court would be enforceable in England.

The court considered the relevant statutory provisions and authorities, including the Civil Procedure Act 2010, the Administration of Justice Act 1920, and the Foreign Judgments (Reciprocal Enforcement) Act 1933. The court noted that while the Civil Procedure Act 2010 did not explicitly require it to consider the enforceability of a judgment in another jurisdiction, the court had a residual discretion under rule 7.04(1) of the Supreme Court Rules 2015 to decline to exercise jurisdiction. The court also considered the enforceability of Australian judgments in the UK, and found that while there were some obstacles to enforcement, it was not impossible. Ultimately, the court declined to exercise jurisdiction, finding that the most appropriate forum for the resolution of the dispute was England.

The court's decision was based on a balance of considerations, including the location of the defendant's assets, the enforceability of a judgment in England, and the convenience of the parties. The court found that the defendant's significant assets in England, and the difficulties in enforcing an Australian judgment in that jurisdiction, outweighed any advantages to the plaintiff of pursuing the case in Australia. The court also noted that the most appropriate forum for the resolution of the dispute was England, where the defendant's assets were located, and where the plaintiff had already unsuccessfully sought to enforce a judgment against him.