In Wikeley v Kea Investments Ltd [2024] QCA 201, the Supreme Court of Queensland considered an appeal filed by Kenneth David Wikeley against orders that restrained actions to enforce a judgment from Fayette Circuit Court, Kentucky, United States believed to have been obtained fraudulently. The court dismissed the appeal. The case involved allegations of a fabricated Coal Agreement used by Wikeley to obtain a judgment against Kea Investments, followed by attempts to enforce this judgment. The primary judge found significant evidence suggesting that the agreement and subsequent legal actions were part of a fraudulent conspiracy. Therefore, the court upheld anti-enforcement injunctions to preserve jurisdictional integrity and prevent Wikeley, residing in Queensland, from violating foreign court orders. The court reiterated that issues of comity did not prevent the granting of injunctions restraining the enforcement of foreign judgments obtained deceitfully. Overall, the judgment underscores the Australian court's willingness to exercise its jurisdiction where there is substantial evidence of fraud overriding the principles of international comity.
Full text: https://www.sclqld.org.au/caselaw/150027