Kona Concept Inc v Guimond Boats Ltd - Fed Ct (Phelan J) - 10 February 2005

Jurisdiction - Action to enforce foreign judgment - Whether statement of claim a nullity - Whether Federal Court has maritime jurisdiction in respect of non-maritime foreign judgment

Kona Concepts, a Hawaiian fishing company, sought a declaration that a judgment of the US District Court for the District of Hawaii for US$402,213 be recognized and enforced as a judgment of the court. The US judgment arose from default proceedings in which the defendant initially appeared in the US District Court and then withdrew from the action after losing a jurisdictional challenge.