Leave granted to defend proceedings regarding enforcement of foreign judgement

Summary proceedings - companies incorporated in Charlotte, North Carolina, United States granted judgement in the sum of $1,190,781.00 by Court sitting in the County of Mecklenburg in the State of North Carolina, United States - clerical error in the judgement- error was corrected by a further Order of 6 February 2018 - motion to set aside the judgement was issued by the defendants – reliefs refused - issued a summary summons seeking to enforce the judgement - conditional appearance – defendant company seek leave to defend the proceedings and have the matter remitted to plenary hearing - supply agreement - principles to be applied - what defences are available to defendants on an application such as this – principles for enforcing a foreign judgement - jurisdiction of the Court in North Carolina - issue as to who are the parties to the Supply Agreement - attempting to resolve it in the course of a hearing for summary judgement does amount to a real risk of an injustice being done - defendants submit that the judgement was obtained by fraud - issue of setting aside a prior judgement on grounds of fraud - satisfied that the Court should grant leave to the defendants to defend the matter on the issue of fraud and remit the action to plenary hearing - breach of natural justice - no serious issue arises on the issue of service of the proceedings – determined that the defendants be given leave to defend the proceedings and that the matter be remitted to plenary hearing – construction and interpretation of the Supply Agreement - whether or not the Court in North Carolina, United States, had jurisdiction to give the judgement - whether or not the judgement was obtained by fraud.