Republic of Croatia v Snedden

The Republic of Croatia sought to enforce a judgment obtained in its courts against Mr Snedden in Australia. The dispute concerned whether the Australian courts had jurisdiction to enforce the Croatian judgment, and if so, whether the judgment itself was enforceable under Australian law. The matter came before the High Court of Australia.

The High Court was required to determine whether the *Foreign Judgments Act 1991* (Cth) applied to the Croatian judgment, and if not, whether the judgment was enforceable under the common law principles of private international law. Specifically, the Court considered the requirements for a foreign judgment to be recognised and enforced in Australia, including whether the foreign court had jurisdiction according to Australian standards and whether the judgment was final and conclusive.

French CJ, delivering the judgment of the Court, held that the *Foreign Judgments Act 1991* (Cth) did not apply to judgments from Croatia as it was not a reciprocating country under the Act. Consequently, the Court examined the common law position. His Honour found that the Croatian court had exercised jurisdiction in a manner recognised by Australian law, and that the judgment was final and conclusive. The Court affirmed the principle that Australian courts will generally enforce foreign judgments where the foreign court had proper jurisdiction and the judgment is not contrary to public policy.

The High Court ordered that the Croatian judgment be recognised and enforced in Australia.