Dovenmuehle Inc. v. Rocca Group Ltd., (1980) 33 N.B.R.(2d) 223 (TD)

• Judge: Barry, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 11, 1980
• Jurisdiction: New Brunswick
• Citations: (1980), 33 N.B.R.(2d) 223 (TD)

Dovenmuehle Inc. v. Rocca Group (1980), 33 N.B.R.(2d) 223 (TD);

    33 R.N.-B.(2e) 223; 80 A.P.R. 223

MLB headnote and full text

Sommaire et texte intégral

Dovenmuehle, Inc. v. Rocca Group Ltd.

Indexed As: Dovenmuehle Inc. v. Rocca Group Ltd.

Répertorié: Dovenmuehle Inc. v. Rocca Group Ltd.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

Barry, J.

June 13, 1980.

Summary:

Résumé:

This headnote contains no summary.

Practice - Topic 5924

Judgments and orders - Enforcement of foreign judgments - Submission of defendant to jurisdiction of foreign court - The plaintiff, a foreign corporation, sued the defendant corporation alleging that it obtained a judgment by default against the defendant in the State of Illinois in a United States district court - The plaintiff's claim was based on the judgment under the Foreign Judgments Act, R.S.N.B. 1973, c. F-19, alleging that the foreign court had jurisdiction, because the defendant had submitted to the jurisdiction of that court by voluntarily appearing as the defendant in the action without protest in accordance with s. 2(c)(ii) - The plaintiff sued the defendant in the Illinois court, and an appearance was entered by the defendant for the record in the matter as required in order to make a motion to the Illinois court to dismiss the action for lack of jurisdiction - The Illinois court denied the motion, and after withdrawal of counsel, the defendant was advised that default judgment would follow - The New Brunswick Court of Queen's Bench, Trial Division, allowed the plaintiff's claim - The court stated that a voluntary appearance without protest to question jurisdiction resulting in a determination of the question against the defendant constituted an action coming within s. 2(c)(ii) of the Foreign Judgments Act - See paragraphs 14 to 20.

Cases Noticed:

Henry v. Geopresco International Ltd., [1975] 2 All E.R. 702 (C.A.), refd to. [para. 14].

Vionet v. Barrett (1885), 55 L.J.Q.B. 39 (C.A.), refd to. [para. 14].

MacFarlane v. Briggs (1977), 15 N.B.R.(2d) 153; 18 A.P.R. 153, consd. [para. 14].

Harris v. Taylor, [1915] 2 K.B. 580, refd to. [para. 15].

Re Dulles' Settlement (No. 2), [1951] 1 Ch. 842, refd to. [para. 15].

S A Consortium General Textiles v. Sun and Sand Agencies Ltd., [1978] 2 All E.R. 339, refd to. [para. 17].

McCain Foods Limited v. Agricultural Publishing Company Limited et al., 11 C.P.R. 50, refd to. [para. 18].

Statutes Noticed:

Foreign Judgments Act, R.S.N.B. 1973, c. F-19, sect. 25 [para. 3]; sect. 2(c)(ii) [paras. 8, 19].

Judicature Act, R.S.N.B. 1973, c. J-2 [para. 21].

Reciprocal Enforcement of Judgments Act, R.S.O. 1970, c. 402 [para. 18].

Authors and Works Noticed:

Dicey and Morris, Conflict of Laws (9th Ed. 1973), p. 996 [para. 15].

Counsel:

Deno P. Pappas, Q.C., and Howard Spaulding, for the plaintiff;

Mark Giberson, for the defendant.

This case was heard before Barry, J., at Saint John, New Brunswick, on June 11, 1980. The judgment of Barry, J., was delivered on June 13, 1980.