Full Court Minute Books

Case M154/2016

Talacko as representative of the Estate of J E Talacko v. Bennett & Ors

Case No.

M154/2016

Case Information

Lower Court Judgment

28/07/2016 Supreme Court of Victoria (Ashley, Priest & Santamaria JJA)

[2016] VSCA 179

Catchwords

Appeal – Money judgment in Australian court – Judgment creditors’ wish to enforce judgment in foreign country – Two applications for certificate under s 15(1) Foreign Judgments Act 1991 (Cth) – Certificates issued, in different language – Judgment debtor bankrupt at time applications made – Judgment amount a ‘provable debt’ – Whether applications ‘duly made’ – Whether applications precluded by s 15(2) Foreign Judgments Act 1991 (Cth) on basis s 58(3) of Bankruptcy Act 1966 (Cth) operated as a ‘stay on enforcement of the judgment’ – Whether applications not ‘duly made’ on basis s 58(3)(a) or (b) precluded application for a certificate – Whether applications not ‘duly made’ because not supported by affidavit – Certificates declared invalid by trial judge – Foreign Judgments Act 1991 (Cth) s 15 – Bankruptcy Act 1966 (Cth) s 58(3) – Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 O 11 – Application for leave to appeal granted – Appeal allowed

Short particulars

Documents

10/11/2016 Hearing (SLA, Canberra)

23/11/2016 Notice of appeal

28/11/2016 Submitting appearance (Fourth Respondent)

15/12/2016 Written submissions (Appellant)

15/12/2016 Chronology (Appellant)

21/12/2016  Written submissions (First to Third Respondents)

04/01/2017 Reply

07/03/2017 Hearing (Full Court, Canberra) (Audio-visual recording)