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)
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
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)
03/05/2017 Judgment (Judgment summary)