Cosentino S.A. v Stephen Silvestro and Tai Evans

Cosentino S.A. (the applicant) sought to have a judgment entered against Stephen Silvestro and Tai Evans (the respondents) in the Supreme Court of New South Wales. The applicant sought to enforce a judgment obtained in France against the respondents, who were alleged to be domiciled in New South Wales. The dispute concerned the enforceability of a foreign judgment in Australia.

The primary legal issue before the Court was whether the French judgment was enforceable in New South Wales under the *Foreign Judgments Act 1991* (Cth) or at common law. Specifically, the Court had to determine if the conditions for recognition and enforcement of the foreign judgment were met, including whether the respondents had been properly served with process in the original French proceedings and whether the judgment was final and conclusive.

The Court considered the principles of private international law governing the recognition and enforcement of foreign judgments. It examined the requirements of the *Foreign Judgments Act 1991* (Cth), which provides a statutory framework for enforcement, and the common law principles that apply in the absence of statutory provision. The Court found that the respondents had not been properly served with notice of the proceedings in France, which was a fundamental breach of natural justice. This failure to provide adequate notice meant that the French court did not have jurisdiction over the respondents in a manner recognised by Australian law.

Consequently, the Court dismissed the application for enforcement of the French judgment.