CITATION: Davis v Turning Properties [2005] NSWSC 742
HEARING DATE(S): 15 July 2005
JUDGMENT DATE :
15 July 2005JURISDICTION: Equity
JUDGMENT OF: Campbell J
DECISION: Mareva order granted
CATCHWORDS: PROCEDURE - miscellaneous procedural matters - Mareva orders - jurisdiction of court to make Mareva order in aid of a foreign Mareva order - PRIVATE INTERNATIONAL LAW - foreign judgments - effect and enforcement - Mareva order made in the Bahamas - appropriateness of an Australian Mareva order in aid of the Bahamas order - PROCEDURE - Mareva orders - whether desirable to have a value below which assets are not to be reduced expressed in a foreign currency - PROCEDURE - Mareva orders - whether proceedings seeking substantive relief need to be commenced in this Court before this Court can make a Mareva order
LEGISLATION CITED: Admiralty Rules 1988 (Cth)
Civil Jurisdiction and Judgments Act 1982 (UK)
Civil Procedure Act 2005
Corporations Law
Foreign Judgments Act 1973
Foreign Judgments Act 1991 (Cth)
Supreme Court Act 1970
Supreme Court Act 1981 (UK)
Supreme Court Rules 1970CASES CITED: Attorney-General (NT) v Maurice (1986) 161 CLR 475
Australian Mutual Provident Society v Gregory (1908) 5 CLR 615
Biscoe, Mareva and Anton Piller Orders, (Butterworths 2005)
Cardile v LED Builders Pty Ltd (1999) 198 CLR 380
Channel Tunnel Group Pty Ltd v Balfour Beatty Construction Limited [1993] AC 334
Coxton Pty Ltd v Milne (Court of Appeal of NSW, 20 December 1985, unreported)
Cross on Evidence, 7th Australian edition (Butterworths 2004)
DPP v Alexander (1993) 33 NSWLR 482
In Re Kooperman (1928) B & C R 49
LED Builders Pty Ltd v Eagle Homes Pty Ltd (1997) 78 FCR 65
Patrick Stevedores No. 2 Pty Ltd v MV Turakina (1998) 154 ALR 514; (1998) 84 FCR 493
Patrick Stevedores No 2 Pty Ltd v Proceeds of Sale of the vessel MV Skulptor Konenkov (1998) 79 FCR 560; (1998) 161 ALR 131
Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1
The Siskina [1979] AC 210
Van Shun Dyeing Factory Limited (in liquidation) v Cheung (Supreme Court of NSW, 16 July 1991, unreported)
Wendo v The Queen (1963) 109 CLR 559
White v Verkouille (1989) 2 Qld R 191
Yoon v Song (2000) 158 FLR 295PARTIES: Peter Thomas Davis - Plaintiff
Turning Properties Pty Ltd - First Defendant
Derek Guise Turner - Second DefendantFILE NUMBER(S): SC 3909/05
COUNSEL: P Fury - Plaintiff
J Levingston - First Defendant
No Appearance - Second DefendantSOLICITORS: S Klinger - Plaintiff
Bolzan & Dimitri - First Defendant
No Appearance - Second Defendant
LOWER COURT JURISDICTION:
IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION
DUTY JUDGE LIST
CAMPBELL J
FRIDAY 15 JULY 2005
3909/05 PETER THOMAS DAVIS v TURNING PROPERTIES PTY LTD & ANOR
JUDGMENT – Ex Tempore (Revised and Expanded 19 July 2005)
1 HIS HONOUR: This is an application for a Mareva order in support of a Mareva order issued in the Bahamas. The…
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- AGLC
- Davis v Turning Properties Pty Ltd [2005] NSWSC 742
- Case
- [2005] NSWSC 742
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Australian court had jurisdiction to make a Mareva order in aid of a foreign Mareva order, and whether it was appropriate to do so in this case. Additionally, the court considered whether it was desirable to express the value below which assets are not to be reduced in a foreign currency, and whether proceedings seeking substantive relief needed to be commenced in the Australian courts before a Mareva order could be made.
The court held that it had jurisdiction to make a Mareva order in aid of a foreign Mareva order, as it was appropriate to do so in this case. The court found that it was not necessary for proceedings seeking substantive relief to be commenced in the Australian courts before a Mareva order could be made. Furthermore, the court decided that it was not desirable to express the value below which assets are not to be reduced in a foreign currency, as it would create uncertainty and potential complications in enforcement. The court concluded that the Australian Mareva order should be made in aid of the Bahamian order to ensure the enforcement of the foreign judgment.
The final orders made by the court were that the appellant was granted leave to enforce the Bahamian Mareva order in Australia, and the court made a Mareva order in aid of the Bahamian order. The court also directed that the value below which assets are not to be reduced should be expressed in Australian dollars.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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