When Is A Judgment A Judgment ? (Italian Bottle Case No 1)

Vetreria Etrusca SRL v Elitepak Pty Ltd [2008] NSWSC 496

• Foreign Judgments Act 1991 (Cth) applies to judgments only.

• Court will look at effect of document in determining whether it is a judgment.

In Australia, certain foreign judgments can be registered in Australia and enforced as if an Australian judgment under the Foreign Judgment Act 1991. The Act applies only to monetary judgments, not to other orders. The Act does not allow the registration of all foreign judgments - it allows registration of certain superior court of foreign countries where there is reciprocity for the enforcement of Australian judgments. In this case, Vetreria sought to have a judgment of the Court of Florence registered in the Supreme Court of New South Wales.