Supreme Court
New South Wales
Medium Neutral Citation: de la Sala v de la Sala (No 2) [2025] NSWSC 853 Hearing dates: 30 July 2025 Date of orders: 31 July 2025 Decision date: 31 July 2025 Jurisdiction: Equity - Duty List Before: Richmond J Decision: See [11]
Catchwords: PRIVATE INTERNATIONAL LAW — Jurisdiction — Personal jurisdiction — Service outside of the jurisdiction
Legislation Cited: Civil Procedure Act 2005 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Boyd v Leslie [1964] VR 728
Commissioner of Succession Duty v Hargrave [1972] 3 SASR 118
Electronic Industries Imports Pty Ltd v Public Curator (Qld) [1960] VR 10
John Pfeiffer v Rogerson (2000) 203 CLR 503; [2000] HCA 36
Maria-Christina Perez de la Sala v Felicite Terrill Perez de la Sala [2025] NSWSC 835
Nagel v Hough (1927) 27 SR NSW 418
Nature’s Care Holdings Pty Ltd v Chen (No 3) [2024] NSWSC 246
Timbercorp Finance Pty Ltd (in liq) v Allan [2016] VSC 481; (2016) 312 FLR 259
Texts Cited: M Davies, A S Bell, P L G Brereton and M Douglas, Nygh’s Conflict of Laws in Australia (LexisNexis, 10th ed, 2020)
L Collins et al, Dicey, Morris and Collins on The Conflict of Laws (Sweet & Maxwell, 16th ed, 2022)
Category: Procedural rulings Parties: Maria-Christina Perez de la Sala (Applicant)
Felicite Terrill Perez de la Sala (First Respondent)
Elsbeth Turner in her capacity as Executrix of the Estate of Ernest Ferdinand Perez de la Sala (Second Respondent)
James Morgan Copinger-Symes (Third Respondent)
Maria-Teresa Perez de la Sala (Fourth Respondent)
Edward Robert Perez de la Sala (Fifth Respondent)
Maria-Isabel Harry (Sixth Respondent)Representation: Counsel:
Solicitors:
R Wilson SC and S Hill (Plaintiff)
J Hewitt SC (Second Respondent)
L Rundle & Co (Plaintiff)
K&L Gates (Second Respondent)
File Number(s): 2023/214349 Publication restriction: Nil
JUDGMENT
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On 23 July 2025 I made orders ex parte granting interim anti-suit and anti anti-suit injunctions against the respondents to the plaintiff’s amended notice of motion dated 22 July 2025 (plaintiff’s motion): see Maria-Christina Perez de la Sala v Felicite Terrill Perez de la Sala [2025] NSWSC 835. For convenience, I will use the same defined terms as in that judgment. When the matter came back before the Court on 30 July 2025 in accordance with those orders, the first and third to sixth respondents gave undertakings to the Court to effectively maintain the status quo before final hearing of the plaintiff’s motion, and the interim injunctions previously against those respondents (who are defendants in these proceedings) lapsed.
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The second respondent to the plaintiff’s motion, Ms Elsbeth Turner in her capacity as executrix of the estate of Ernest Ferdinand Perez de la Sala (Ms Turner), did not take that course because she has not submitted to the jurisdiction of this Court in these proceedings. Instead, she moved on prayer 2 of her notice of motion filed on 29 July 2025 (second respondent’s motion) seeking…
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- Case
- [2025] NSWSC 853
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the service of the originating process outside the jurisdiction complied with the rules and whether it was fair and just to grant jurisdiction in the circumstances. The case examined the principles of international comity and the recognition of foreign judgments, as well as the balance between the rights of the parties and the need for an efficient judicial process. The court had to consider whether the respondent had been given a reasonable opportunity to defend the proceeding and whether the court's exercise of jurisdiction would offend an international principle of justice.
The court found that the service of the originating process outside the jurisdiction did not comply with the requirements of section 15 of the Uniform Civil Procedure Rules 1999 (Qld). The court held that the service was not valid and that the exercise of jurisdiction would not be fair and just. The court emphasised the importance of ensuring that the respondent has been given a reasonable opportunity to defend the proceeding and that the court's exercise of jurisdiction does not offend an international principle of justice. The court found that the respondent had not been given a reasonable opportunity to defend the proceeding and that the exercise of jurisdiction would not be fair and just. The court accordingly dismissed the proceeding for want of jurisdiction.
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