Ellis v Dariush-Far

Ellis appealed against a decision of the Supreme Court of Queensland which dismissed his application to set aside the registration of a foreign judgment. Dariush-Far, a third party, obtained a judgment against Ellis in the District Court of New Zealand. Dariush-Far then assigned the judgment debt to the respondent, who applied for the judgment to be registered as a foreign judgment in the Supreme Court of Queensland. Ellis argued that the assignment was ineffective and that the judgment was not enforceable in New Zealand for the purposes of the Foreign Judgments Act 1991 (Cth) s 6(6). The court was required to determine the validity of the assignment and whether the judgment was enforceable in New Zealand.

The court held that the assignment was effective and that the judgment was enforceable in New Zealand for the purposes of the Foreign Judgments Act 1991 (Cth) s 6(6). The court found that the assignment was valid and that the judgment was enforceable in New Zealand on the date of the application for registration. The court held that the meaning of "the date of the application" in s 6(6) was the date on which the application for registration was made, and not the date on which the judgment was obtained. The court dismissed Ellis' appeal and ordered him to pay the respondent's costs on the standard basis.