An appeal for an order to lift a permanent stay on the basis that the respondent came into possession of assets in the jurisdiction.
Originally, the appellants applied to register a foreign judgment in Queensland, namely an order issued by the Federal High Court of Nigeria that directed the respondent to pay special damages to the third appellant and costs to the third appellant’s lawyers. Crow J permanently stayed the appellant’s proceeding, finding that Queensland was an inappropriate forum for the matter as the respondent had no assets in the State. Crow J then ordered the appellants to pay the respondent’s costs of the proceeding and the stay application. Subsequently, the appellants applied, unsuccessfully, to Bowskill CJ to lift the stay, primarily on the basis that the costs order now gave the respondent an asset in the jurisdiction.
Ultimately, the court held that the matters advanced for the appellants under each of the grounds of appeal did not establish any error that would justify setting aside the primary judge’s order. The appeal was dismissed and the appellants were ordered to pay the respondent’s costs.
Shane Monks appeared for the respondent, instructed by James Conomos Lawyers.
The judgment is published here.