Loading...
Queensland Judgments

beta

Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  •   Notable Unreported Decision

Valkova v Player

 

[2018] QSC 104

 

SUPREME COURT OF QUEENSLAND

 

CITATION:

Valkova v Player [2018] QSC 104

PARTIES:

BIBIANA VALKOVA

(applicant)

v

JOHN PLAYER

(respondent)

FILE NO/S:

BS No 4881 of 18

DIVISION:

Trial Division

PROCEEDING:

Application on the papers

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

18 May 2018

DELIVERED AT:

Brisbane

HEARING DATE:

Application on the papers

JUDGE:

Davis J

ORDER:

  1. The judgment of the County Court at Yeovil of the United Kingdom, dated 6 April 2018, whereby it was ordered that John Player pay £24,975.30 (including interest to 6 April 2018) together with costs of £119.50 to Bibiana Valkova (“the County Court Judgment”) be registered under Part 2 of the Foreign Judgments Act 1991 (Cth).
  2. The amount payable by the respondent is:
    1. £24,975.30; and
    2. £119.50 for costs of the County Court Judgment; and
    3. £211.11 for interest from 7 April 2018 to 18 May 2018 at 8 per cent per annum; and
    4. further interest accruing:
      1. on the principal sum of £23,492.38;
      2. at the rate of 8 per cent per annum;
      3. from 19 May 2018.
  3. The reasonable costs of and incidental to registration, fixed at AU$3,147.70, are payable by the respondent to the applicant.
  4. The respondent may, within two months of being served the notice of registration, apply to have the registration set aside under s 7 of the Foreign Judgments Act 1991 (Cth).

CATCHWORDS:

PRIVATE INTERNATIONAL LAW – RECOGNITION, EFFECT AND ENFORCEMENT OF FOREIGN JUDGMENTS – UNDER LEGISLATION – ENFORCEMENT OF FOREIGN JUDGMENTS – REGISTRATION – WHAT JUDGMENTS ARE REGISTRABLE – where the applicant has applied for the registration of a judgment of the County Court of the United Kingdom – where that judgment from the County Court is registration of an order from an Employment Tribunal – whether the judgment is one to which Part 2 of the Foreign Judgments Act 1991 (Cth) applies

Employment Tribunals Act 1996 (UK) s 15

Foreign Judgments Act 1991 (Cth) s 5, s 6

Foreign Judgments Regulations 1992 (Cth) reg 5

Uniform Civil Procedure Rules 1999 (Qld) r 947E

SOLICITORS:

Results Legal for the applicant

  1. On 15 June 2017, the applicant obtained judgment against the respondent in the Employment Tribunal at Exeter, United Kingdom (“the Tribunal judgment”).  The respondent entered no appearance at the Tribunal on that date. 
  2. The applicant then registered the Tribunal judgment as a judgment of the County Court at Yeovil on 6 April 2018 (“the County Court judgment”).
  3. The applicant resides in the United Kingdom.  The respondent is said, in affidavit sworn by the applicant’s solicitor, to reside in Queensland.[1]  The applicant has applied to register the County Court judgment in this Court, pursuant to Part 2 of the Foreign Judgments Act 1991 (Cth) (“the Act”).
  4. Section 6(1) of the Act allows for a judgment creditor under a judgment to which Part 2 of the Act applies to apply within six years of the date of judgment “to the appropriate Court” to have the judgment registered in that Court.  By s 6(2), this Court is the appropriate Court. 
  5. Section 5(4) provides that Part 2 of the Act applies to “an enforceable money judgment that…is final and conclusive; and … was given in … an inferior court in relation to which this Part extends.”  Subsections 5(2) and 5(3) provide for, relevantly here, the identification of inferior courts to which Part 2 applies in the Regulations.  Regulation 5(2)(a) of the Foreign Judgments Regulations 1992 (Cth) extends Part 2 of the Act to the County Courts of England and Wales, of which the County Court at Yeovil is one.
  6. A certified copy of the County Court judgment is exhibited to the affidavit of the solicitor for the applicant.  Section 15(1) of the Employment Tribunals Act 1996 (UK) provides that a decision of an employment tribunal in England and Wales may be registered for enforcement with the County Court.  This procedure is clearly intended so as to create an “enforceable money judgment that…is final and conclusive”, to use the language of the Act.
  7. There is no reason to doubt that the judgment is enforceable.
  8. Accordingly, I am satisfied that the County Court judgment on 6 April 2018 is a judgment to which Part 2 of the Act applies.
  9. By s 6(3), the Court must register a judgment to which Part 2 of the Act applies, subject to other provisions of the Act and the proof of matters prescribed by the applicable rules of Court.  Rule 947E of the Uniform Civil Procedure Rules 1999 (Qld) sets out the matters to be deposed in the affidavit in support of the application, and I am satisfied that the affidavit of the solicitor for the applicant complies with the rule.[2]  One of the matters required to be set out[3] are the costs incurred by the applicant in registering the judgment, which are said to be in the sum of $3,147.70.[4]  I accept that the costs incurred in registering the judgment are $3,147.70.
  10. It follows that an order should be made that the judgment is registered and I intend to order accordingly.  Section 6(4) of the Act requires that my order state the period within which an application can be made to set aside the registration of the judgment.  The order applied for by the applicant is that the period be limited to within two months of registration.  I intend to so order.
  11. The enforceable amount under the County Court judgment includes the unpaid amount, including interest, to the day of the order and court fees and solicitor’s costs, together with any further interest becoming due.  The further interest accrues under the Tribunal judgment at a rate of 8 per cent per annum on the principal sum of the Tribunal order, £23,492.38.  I have calculated that to today’s date at £211.11.
  12. THE ORDER OF THE COURT IS THAT:
    1. The judgment of the County Court at Yeovil of the United Kingdom, dated 6 April 2018, whereby it was ordered that John Player pay £24,975.30 (including interest to 6 April 2018) together with costs of £119.50 to Bibiana Valkova (“the County Court Judgment”) be registered under Part 2 of the Foreign Judgments Act 1991 (Cth).
    2. The amount payable by the respondent is:
      1. £24,975.30; and
      2. £119.50 for costs of the County Court Judgment; and
      3. £211.11 for interest from 7 April 2018 to 18 May 2018 at 8 per cent per annum; and
      4. further interest accruing:
        1. on the principal sum of £23,492.38;
        2. at the rate of 8 per cent per annum;
        3. from 19 May 2018.
    3. The reasonable costs of and incidental to registration, fixed at AU$3,147.70, are payable by the respondent to the applicant.
    4. The respondent may, within two months of being served the notice of registration, apply to have the registration set aside under s 7 of the Foreign Judgments Act 1991 (Cth).

Footnotes

[1]  Affidavit of Mark Andrew Goldsworthy, filed 4 May 2018, CFI 2 at [11(b)].

[2]  Affidavit of Mark Andrew Goldsworthy, filed 4 May 2018, CFI 2.

[3] Uniform Civil Procedure Rules 1999 (Qld) r 947E(vi).

[4]  Affidavit of Mark Andrew Goldsworthy, filed 4 May 2018, CFI 2 at [11(g)].

Close

Editorial Notes

  • Published Case Name:

    Valkova v Player

  • Shortened Case Name:

    Valkova v Player

  • MNC:

    [2018] QSC 104

  • Court:

    QSC

  • Judge(s):

    Davis J

  • Date:

    18 May 2018

  • White Star Case:

    Yes

Litigation History

Event Citation or File Date Notes
Primary Judgment [2018] QSC 104 18 May 2018 Application to register foreign judgment under Part 2 of the Foreign Judgments Act 1991 (Cth) granted: Davis J.

Appeal Status

No Status