https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 James McComish https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png James McComish2007-07-09 04:36:002007-07-09 04:36:00Setting Aside Foreign Judgments in Australia
Setting Aside Foreign Judgments in Australia
A recent judgment of the Supreme Court of South Australia provides a useful summary of the Australian common law authorities about when the enforcement of a foreign judgment can be set aside.
The judge concluded:
a foreign judgment is only binding and conclusive so long as it stands. A corollary of this principle is that where a judgment is made entirely on the basis of a foreign judgment, and the foreign judgment is later overturned and set aside, good reason exists to set aside the judgment that relied on it.
Benefit Strategies Group Inc v Prider  SASC 250 (4 July 2007)