Ramsay-Hale CJ
CIGC (FSD) 34 - O’Farrell and Ors v McCarthy – Ex Tempore Ruling Neutral Citation Number: [2026] CIGC (FSD) 34 IN THE GRAND COURT OF THE CAYMAN ISLANDS FINANCIAL SERVICES DIVISION CAUSE NO. FSD 144 of 2026 (MRHCJ) IN THE MATTER OF THE FOREIGN JUDGMENTS RECIPROCAL ENFORCEMENT ACT (1996 REVISION) AND IN THE MATTER OF ORDER 71 OF THE GRAND COURT RULES (2023 REVISION) AND IN THE MATTER OF THE JUDGMENTS DATED 26 MARCH 2025 AND 1 AUGUST 2025 OF THE SUPREME COURT OF NEW SOUTH WALES IN O’FARRELL V MCCARTHY BETWEEN: (1) BRIAN RICHARD O’FARRELL (2) TALENTPOOL RECRUITMENT PTY LTD (3) TALENTPOOL CONSULTING PTY LTD APPLICANTS AND TREVOR GERRARD MCCARTHY Respondents In Chambers Before: Justice Margaret Ramsay-Hale, Chief Justice Appearances: Mr Kai McGriele of KSG Atorneys, for the Applicants Date of Hearing: 11 May 2026 Date of Ruling: 11 May 2026 Finalised & circulated: 12 May 2026 Application for Registration of Foreign Judgment Ex Tempore RULING
This is an ex parte application by the Applicants for registration in this Court of two judgments of the Supreme Court of New South Wales dated 26 March 2025 and 1 August 2025 (together, Page 1 of 2 FSD2026-0144 2026-05-12 FSD2026-0144 2026-05-12 Digitally signed by Advance Performance Exponents Inc. Date: 2026.05.12 10:40:00 -05:00 Reason: Document Certification Location: Court Document Management System
CIGC (FSD) 34 - O’Farrell and Ors v McCarthy – Ex Tempore Ruling the “NSW Judgments”) pursuant to the Foreign Judgments Reciprocal Enforcement Act (1996 Revision) (the “Act”) and Order 71 of the Grand Court Rules.
The application is supported by the affidavit of Brian O’Farrell sworn on 28 April 2026, together with exhibits including certified copies of the NSW Judgments.
The Act provides for the registration in this jurisdiction of certain foreign judgments given by courts of superior jurisdiction in countries to which the statutory regime applies. Australia is such a jurisdiction.
For a judgment to be registrable, the Court must be satisfied, in summary, that: (a) the judgment is final and conclusive; (b) it is for a sum of money, not being taxes, fines or penalties; (c) it remains unsatisfied in whole or in part; and (d) the application has been made within six years of the date of the judgment or of the last appellate judgment.
At the ex parte stage, the Court considers whether the statutory criteria are met on the face of the evidence, subject to any apparent bar to registration.
The Plaintiff’s evidence shows that the judgments which are sought to be registered arise from proceedings between the parties in which the Supreme Court of New South Wales found, inter alia, that the Respondent had breached his duties as a director and misapplied company funds. The Court ordered that he repay substantial sums by way of compensation, together with interest and costs. The judgments have been satisfied only in part, and a substantial balance remains outstanding, said to be AUD $835,931.02.
The evidence also establishes that the NSW Judgments are final and conclusive money judgments of a superior court of record and that they are enforceable by way of execution in NSW.
On the material before me, the Applicants have satisfied the statutory requirements for the registration of foreign judgments. Given that the judgments are not judgments for the recovery of taxes, fines, penalties or other public law liabilities, there is no bar to registration. The NSW Judgments are, therefore, registrable under the Act.
Order made accordingly. The DraŌ Order approved as to form and content. DATED THIS 11TH DAY OF MAY 2026 THE HON. JUSTICE MARGARET RAMSAY-HALE CHIEF JUSTICE OF THE GRAND COURT Page 2 of 2 FSD2026-0144 2026-05-12 FSD2026-0144 2026-05-12