Jani-King Franchising, Inc v Jason

SUPREME COURT OF QUEENSLAND

CITATION:

Jani-King Franchising, Inc v Jason [2013] QSC 155

PARTIES:

JANI-KING FRANCHISING, INC
(respondent/plaintiff)
v
WONG EE WAUR CARL JASON
(applicant/defendant)

FILE NO/S:

6822/12

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

District Court at Dallas County, Texas, United States of America.

DELIVERED ON:

20 June 2013

DELIVERED AT:

Brisbane

HEARING DATE:

18 April 2013

JUDGE:

Martin J

ORDER:

Application dismissed

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY - SETTING ASIDE JUDGMENTS – where judgment was entered by the District Court of Dallas Country, Texas against the defendant – where the applicant commenced proceedings in the Supreme Court of Queensland on the basis of the foreign judgment at common law – where no defence was filed – where the defendant only relied upon the argument that the Texas Court did not have jurisdiction – where no prima facie defence was provided by the defendant – whether default judgment should be set aside

Foreign Judgments Act 1991 (Cth) s 7 and s 11

Blohn v Desser [1962] 2 QB 116, cited Cook v D A Manufacturing Co Pty Ltd [2004] QCA 52, cited de Santis v Russo [2002] 2 Qd R 230; [2001] QCA 457, considered Emanuel v Symon [1908] 1 KB 302, considered Henry v Geoprosco International Ltd [1976] QB 726, cited National Mutual Life Association of Australasia Limited v Oasis Developments Pty Ltd [1983] Qd R 441, cited     Von Wyl v Engeler [1983] 3 NZLR 416, cited

COUNSEL:

Self-represented applicant/defendant
D de Jersey for the respondent/plaintiff

SOLICITORS:

Self-represented applicant/defendant
Hopgood Ganim Lawyers for the respondent/plaintiff

1. On 16 May 2011 Jani-King Franchising, Inc (“Jani-King”) obtained a judgment against Wong Ee Waur Carl Jason  (“Mr Wong”) in the sum of $944,725 (plus interest and costs) in the District Court of Dallas County, Texas, United States of America.

1. On 1 August 2012 Jani-King commenced proceedings in this Court based on that judgment.

1. In its statement of claim Jani-King pleads that:

(a)        Judgment was entered by the District Court of Dallas County, Texas on 16 May 2011;

(b)        The judgment was final and conclusive and disposed of all claims and proceedings between the parties;

(c)        The District Court of Dallas County, Texas had and it exercised jurisdiction over Jani-King because Jani-King voluntarily submitted to that jurisdiction;

(d)        The judgment is for an amount that is fixed or readily calculable;

(e)        Jani-King was the plaintiff in the proceeding before the District Court of Dallas County, Texas and Mr Wong was a defendant to the proceeding who is jointly and severally liable to pay the judgment debt along with other defendants named in the Texas proceedings; and

(f)         Mr Wong has failed or refused to pay the judgment sum.

1. The matters set out in the paragraph immediately above are the preconditions necessary for a foreign judgment creditor to succeed on an action for debt at common law.[1] The judgment of the Texas Court is not one to which Part 2 of…