JURISDICTION:SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:HARDER -v- INCOR HOLDINGS LTD [2025] WASC 76

CORAM:GETHING J

HEARD:7 MARCH 2025

DELIVERED:7 MARCH 2025

PUBLISHED:12 MARCH 2025

FILE NO/S:FRJ 1 of 2025

BETWEEN:LORNE HARDER

First named First Plaintiff

SPRING HILL INVESTMENTS LTD

Second named First Plaintiff

HARDER INVESTMENTS LTD

Third named First Plaintiff

AND

INCOR HOLDINGS LTD

First name First Defendant

PANGAEARESOURCES LTD

Second named First Defendant

Catchwords:

Private international law - Enforcement of foreign judgments -ForeignJudgments Act 1991(Cth) - Application to register judgment - Turns on own facts

Legislation:

Foreign Judgments Act 1991(Cth) s 6

Rules of the Supreme Court 1971(WA) O 44A r 44A

Result:

Foreign judgment registered

Category:B

Representation:

Counsel:

	First named First Plaintiff	:	D J Pratt
1	Second named First Plaintiff	:	D J Pratt
2	Third named First Plaintiff	:	D J Pratt
3	First name First Defendant	:	No appearance
4	Second named First Defendant	:	No appearance

Solicitors:

	First named FirstPlaintiff	:	DWF (Australia)
1	Second named First Plaintiff	:	DWF (Australia)
2	Third named First Plaintiff	:	DWF (Australia)
3	First name First Defendant	:	No appearance
4	Second named First Defendant	:	No appearance

Case(s) referred to indecision(s):

Harder v InCorp Limited [2025] WASC 72

Loh v Soh [2013] WASC 244

GETHING J:

Introduction

1By ex parte notice of motion filed 21 February 2025 (Registration Application) Lorne Harder, Springhill Investments Ltd (Springhill) and Harder Investments Ltd (Harder Investments) (collectively,Plaintiffs) sought to register ajudgment of the Supreme Court of British Columbia dated 13 December 2024 (BC Judgment) pursuant toForeign Judgments Act 1991(Cth) (FJA).The BC Judgment wasrelevantlyobtained against InCor Holdings Ltd (InCor Holdings)andPangaea Resources Ltd (Pangaea).InCor Holdings is the first defendant to the Registration Application.Pangaea is the second defendant to the Registration Application.

2The same date the Plaintiffs filed an ex parte notice of motion seeking freezing orders against InCor Holdings and Pangaea (Freezing Application).I made the freezing orders requested on 28 February 2025, later publishing my reasonfor doing so.[1]

3The Registration Application was supported by:

(a)an affidavit of Patrick James Sullivan (counsel for thePlaintiffsin the Supreme Court of British Columbia) sworn 19February 2025 (Sullivan Affidavit);

(b)submissions in support (Registration Submissions); and

(c)an affidavit of Matthew Ethan Dudakov (a solicitor employedbythe Plaintiff's Australianlawyers) sworn 6 March 2025 (Dudakov Affidavit).

4The Registration Application was heard by me on 7 March 2025.At the conclusion of the hearing, I granted the orders sought.Specifically (Registration Order):

1.Pursuant to Part 2 of theForeign Judgments Act 1991(Cth), the judgment dated 13 December 2024 of the Supreme Court of British Columbia by which it was adjudged that:

(a)thefirst defendant (InCor Holdings Ltd) do pay the above named plaintiffs:

(i)the sum of CAD$6,308,050;

(ii)pre-judgement interest in the sum of CAD$687,286.95; and

(iii)post judgement interest to be determined in accordance with theCourt Order Interest Act, R.S.B.C. 1996, which as at 10 February 2025 totals CAD$64,969.84,

which together equals CAD$7,060,306.79 be registered as a judgment of this Court in the amount of AUD$7,985,206.98.

(b)the first defendant (InCor Holdings Ltd) and the second defendant (Panagea Resources Ltd) be jointly and severally liable to pay to the above named plaintiffs:

(i)the sum of CAD$2,200,000;

(ii)pre-judgment interest in the sum of CAD$238,749.36; and

(iii)post-judgment interest to be determined in accordance with theCourt Order Interest Act, R.S.B.C. 1996, which as at 10 February 2025 totals CAD$21,405.00,

which together equals CAD$2,460,154.36 be registered as a judgment of this Court in the amount of AUD$2,782,434.59.

2.The defendants be at liberty to apply to set aside registration of the judgment within 21 days after service on them of notice of registration if they have grounds for so doing and execution upon the judgment shall not issue until after the expiration of that period or any extension of that period granted by the Court; or if an application be made to set aside the registration, until the application has been disposed of.

3.The costs of the application and of registration of the judgment be fixed, in the sum of AUD$17,600.00 and added to the judgment as registered.

4.The Plaintiffs have leave to serve notice of these orders:

(a)on the First Defendant in the United Kingdom at 1-4 Argyll St, London W1F 7LD and also by email to[email protected]; and

(b)on the Second Defendant at 1 Farrer Pl, Sydney, New South Wales, Australia and by email to[email protected].

I informed counsel that I would publish my reasons for making the Registration Order.Those reasons follow.

Background

5In my decision on the Freezing Application I set out the background to the BC Judgment being made.[2]

6For the purposes of the Registration Application, it is sufficient to say that on13 December 2024, Justice Kircher of the Supreme Court of British Colombia awarded the Plaintiffs judgment against InCor Holdings and Pangaea following a summary trial application.In relation to the Registration Application, the BC Judgment relevantly provides:[3]

3.InCor Holdings is ordered to pay to the plaintiffs the sum of $6,308,050 plus prejudgment interest in accordance with theCourt Order Interest Act, R.S.B.C. 1996, c. 79 of $687,286.95 on the sum of $6,308,050 from May 17, 2021 to December 13, 2024 (the "Cascadero Amount").

4.InCor Holdings is ordered to pay post judgment interest on the Cascadero Amount to be determined in accordance with theCourt Order Interest Act.

5.Judgment against InCor Holdings for the failure to deliver 500,000 ordinary shares of InCor Holdings, with damages to be assessed (the "InCor Holdings Shares Amount").

6.InCor Holdings is ordered to pay pre-and-post-judgment interest on the InCor Holdings Shares Amount to be determined in accordance with theCourt Order Interest Act.

7.InCor Holdings and Pangaea are jointly and severally liable to pay to the plaintiffs the sum of $2,200,000, plus pre-judgment interest of $238,749.36 in accordance with theCourt Order Interest Actfrom June 21, 2021 to December 13, 2024 (the "Pangaea Amount").

8.InCor Holdings is ordered to pay post judgment interest on the Pangaea Amount to be determined in accordance with theCourt Order Interest Act.

…

14.The Respondents are jointly and severally ordered to pay special costs incurred by the Plaintiffs for these Applications, payable forthwith, in any event of the cause, once assessed.

For the purposes of determining the Registration Application I do not need to go behind the BC Judgment to consider the factual and legal basis on which the order was made.

7Mr Sullivan then deposes that to the best of his knowledge, information and belief, InCor Holdings and Pangaea have failed to pay thePlaintiffsat all in accordance with the BC Judgment.[4]