Seeto Kui (Holdings) Ltd v Chow

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SUPREME COURT OF QUEENSLAND

CITATION:

Seeto Kui (Holdings) Ltd v Chow [2015] QSC 193

PARTIES:

SEETO KUI (HOLDINGS) LIMITED

(applicant)

v
HSING LING SHAO CHOW

(respondent)

FILE NO/S:

4027 of 2012

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

9 July 2015

DELIVERED AT:

Brisbane

HEARING DATE:

5, 12 March 2015

JUDGE:

Martin J

ORDER:

Application dismissed.

CATCHWORDS:

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – TIME – DELAY SINCE LAST PROCEEDING – where the applicant seeks an order that the respondent pay its costs – where the respondent argues that no step in the proceeding has been taken in over two years – whether events that occurred constitute a ‘step’ in the proceeding under r 389(2) of the Uniform Civil Procedure Rules 1999 – whether the application had previously been brought to an end by the respondent.

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS –  OTHER MATTERS – where the applicant in the alternative sought leave to be granted – whether the applicant had reasonable prospects of success – whether the applicant was the ‘judgment creditor’ under the Foreign Judgments Act 1991 (Cth) for all the matters.

Companies Act 1997 (PNG), s 238

Foreign Judgments Act 1991 (Cth), s 6(6)

Rules of the Supreme Court 1883 (UK), O XXVI., r 1

Uniform Civil Procedure Rules 1999, r 389

Artahs Pty Ltd v Gall Standfield & Smith (A Firm) [2012] QCA 272; [2013] 2 Qd R 202

Citicorp Australia Limited v Metropolitan Public Abattoir Board [1992] 1 Qd R 592

Coad v Dimmick [2013] TASSC 48

Ellis v Dariush-Far [2007] QCA 398

Howard v Pickford Tool Co Limited  [1951] 1 KB 417

Spincer v Watts (1889) 23 QBD 350

Tyler v Custom Credit Corp Ltd [2000] QCA 178

COUNSEL:

B Le Plastrier for the applicant

B Lambert (solicitor) for the respondent

SOLICITORS:

Turner Freeman Lawyers for the applicant

Birch & Co for the respondent

  1. The applicant (“Seeto Kui”) seeks an order that the respondent (“Ms Chow”) pay its costs relating to Seeto Kui’s application to register four judgments, obtained in Papua New Guinea, under the Foreign Judgments Act 1991 (Cth) (“the Act”).

  2. Ms Chow opposes the application on two bases:

    (a)     No step in the proceeding had been taken for over two years before making this application. Leave was not obtained and should not be granted.

    (b)     Seeto Kui was not entitled to obtain registration with respect to three of the four judgments for which registration was sought and had lost the right to register the fourth.

Background

  1. On 17 July 2009, four separate default judgments were entered against Ms Chow in the National Court of Justice, Papua New Guinea. The judgment creditors in those matters were:

Proceeding Judgment Creditor Judgment Debt
WS350 of 2009 Mainland Plumbing Supplies (NG) Limited K158, 498.03 plus interest
WS360 of 2009 Ardrossan Investments Limited trading as Bowmans - Lae
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Details
Case
[2015] QSC 193
Decision Date

CaseChat Overview and Summary

The case of Seeto Kui (Holdings) Ltd v Chow involved the applicant seeking an order for the respondent to pay its costs. The respondent contended that no steps had been taken in the proceedings for over two years. The dispute required the court to determine whether specific events constituted a 'step' in the proceedings under rule 389(2) of the Uniform Civil Procedure Rules 1999, Queensland, and whether the application had previously been brought to an end by the respondent.

The court examined whether the events in question constituted a step in the proceeding under the specified rule. It also considered whether the application had been effectively terminated by the respondent's actions. The court assessed the application for costs and the applicant's alternative request for leave, evaluating if the applicant had reasonable prospects of success and if it was the 'judgment creditor' under the Foreign Judgments Act 1991 (Cth) for all matters.

The court found that the events did not constitute a step in the proceeding as defined by the rule. It also determined that the application had not been brought to an end by the respondent's actions. The court concluded that the applicant did not have reasonable prospects of success and was not the 'judgment creditor' for all matters. Consequently, the application for costs was dismissed, and the alternative request for leave was also denied.

ORDERS:
Application dismissed.

Orders

Orders of the court

Application dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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