Sywak v Sywak

The parties to the case were Sywak and Sywak. The dispute concerned the registration of a foreign judgment under the Foreign Judgments Act 1991 (Cth). The Federal Circuit Court of Australia was tasked with determining whether there was a discretion to extend the time to apply to have the registration of a foreign judgment set aside, as well as the construction of section 6(5) of the Act. The court found that there was indeed a discretion to extend time in appropriate cases, and that section 6(5) did not preclude such an extension. Consequently, the application to extend time was granted, the registration of the foreign judgment was set aside, and the applicant was awarded costs.

The court's analysis began with a review of the relevant statutory provisions, particularly section 6(5) of the Act, which deals with the setting aside of the registration of a foreign judgment. The court examined the legislative intent behind the provision and concluded that it did not exclude the possibility of extending the time limit for making an application to set aside the registration. The court further considered the factors that might warrant an extension of time, including the applicant's diligence and the merits of the application. After careful consideration, the court determined that the application to extend time should be granted in this case. The court then proceeded to set aside the registration of the foreign judgment and ordered that the applicant be awarded costs.