The sister of serial conman Peter Foster wants an Australian court to recognise an overseas order that victims of her brother's gambling scam pay her more than $44,000.
Gold Coast hinterland resident Jill Louise Foster has taken court action in Queensland against 132 business and individual investors in the Sports Trading Club.
In 2019, the NSW Supreme Court found the STC which drew in almost $30 million to be fraudulent and masterminded by the known confidence trickster.
In November 2015, before the NSW action was finalised, the 132 investors successfully applied for millions of dollars in Cayman Islands bank accounts relating to the STC to be frozen.
Six years later, Ms Foster asked a Cayman Islands court to release one of the accounts that was in her daughter Arabella Foster's name, claiming it had been assigned to her a month before it was frozen.
"The applicant (Ms Foster) is of ill health and wishes access to 'her funds in the Cayman Islands' to assist in the discharge of her medical care," the Caymans judge said.
The Caymans court agreed to lift the injunction against the account and awarded Jill Foster her costs, which she claims is the equivalent of almost $44,500.
The judge said it was "unfortunate and dissatisfactory" that lawyers on behalf of the 132 entities chose not to update the court about the Australian proceedings.
"The asset freezing oOrder was granted in aid of those proceedings."
Ms Foster has asked the Queensland Supreme Court to recognise the 2021 Caymans costs order, making it enforceable in Australia.
Ms Foster supplied email addresses for the 132 entities who are yet to be contacted in an affidavit filed last month.
She would instruct solicitors and liaise with their former lawyers for details when the court recognised the foreign order.
"In the event that I am unable to contact any or all of the defendants by the above means, I propose instructing a private investigator to ascertain their current addresses in order that I can bring the judgment to their attention," Ms Foster said.
The matter stalled when listed for a hearing last month with Justice Tom Sullivan again questioning the certification of Caymans court documents.
"This is quite unsatisfactory to come back four times on this," he told barrister Liam Burrow.
The matter has been adjourned to a date to be fixed.
Peter Foster had been found to have been involved in fraudulent schemes in the United Kingdom, the United States of America, in Australia and elsewhere over 30 years.
He faces charges in Queensland over an alleged $2 million Bitcoin fraud in Hong Kong in 2019 and 2020.
NSW authorities laid the initial charges against him before dropping them months later, but a fresh warrant was issued by Queensland police.
Foster is due to have his case mentioned in Southport Magistrates Court on July 25.
