Talacko v Bennett

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJJUDITH GAIL TALACKO (AS APPOINTED REPRESENTATIVE OF THE ESTATE OF JAN EMIL TALACKO)  APPELLANTANDALEXANDRA BENNETT & ORS  RESPONDENTSTalacko v Bennett[2017] HCA 153 May 2017M154/2016ORDER1.Appeal allowed.2.Set aside orders 2 to 6 of the Court of Appeal of the Supreme Court of Victoria made in proceeding S APCI 2016 0024 on 28 July 2016 and, in their place, order that:(a) the appeal to the Court of Appeal of the Supreme Court of Victoria be dismissed; and (b) the applicants pay the first respondent's costs in proceeding S APCI 2016 0024.3.The first to third respondents pay the appellant's costs of the appeal to this Court.On appeal from the Supreme Court of VictoriaRepresentationB W Walker SC with J B Masters for the appellant (instructed by Strongman & Crouch)P H Solomon QC with O M Ciolek for the first to third respondents (instructed by Brand Partners)Submitting appearance for the fourth respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSTalacko v BennettProcedure – Enforcement of Australian judgment debt in foreign jurisdiction – Where respondents obtained certificate under s 15(1) of Foreign Judgments Act 1991 (Cth) certifying finality of Australian judgment – Where application for such certificate may not be made until expiration of any stay of enforcement of judgment in question – Where judgment debtor bankrupt – Whether certificate valid – Whether s 58(3) of Bankruptcy Act 1966 (Cth) operated to impose...