957
the appeal has been disposed of or if and when the judgment becomes enforceable by execution in that country, as the case may be.
(3) Where the registration of a judgment is set aside solely for the reason that the judgment, notwithstanding that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable thereunder, the registering court shall, on the application of the judgment creditor, order judgment to be registered for the balance remaining payable at that date.
:
which can
8. No proceedings for the recovery of a sum payable Foreign under a foreign judgment, being a judgment to which this judgments Ordinance applies, other than proceedings by way of registra be registered tion of the judgment, shall be entertained by the Supreme not to be Court.
enforceable otherwise.
23 Geo. 5, c. 13, s.-6.
certain
9.-(1) Subject to the provisions of this section, a General judgment to which this Ordinance applies or would
have effect of applied if a sum of money had been payable thereunder, foreign whether it can be registered or not, and whether, if it can be judgments. registered, it is registered or not, shall be recognised by the 23 Geo. 5, Supreme Court as conclusive between the parties thereto in all proceedings founded on the same cause of action and may be relied on by way of defence or counter-claim in any such proceedings.
(2) This section shall not apply in the case of any judgment-
(a) where the judgment has been registered and the registration thereof has been set aside on some ground other than-
(i) that a sum of money was not payable under the judgment; or
(ii) that the judgment had been wholly or partly satis- fied; or
(iii) that at the date of the application the judgment could not be enforced by execution in the country of the original court; or
(b) where the judgment has not been registered, it is shown (whether it could have been registered or not) that if it had been registered the registration thereof would have been set aside on an application for that purpose on some ground other than one of the grounds specified in paragraph. (a) of this sub-section.
(3) Nothing in this section shall be taken to prevent the Supreme Court recognising any judgment as conclusive of any matter of law or fact decided therein if that judgment would have been so recognised before the passing of this Ordinance.
c. 13, s. 8.
extend pro-
10.--(1) The Governor may by order in council direct Power to that the foregoing provisions of this Ordinance shall apply visions to to any part of His Majesty's dominions outside the United British Kingdom and to judgments obtained in the courts thereof, dominions, as it applies to judgments obtained in the courts of foreign ates and countries, and, in the event of the Governor in Council so mandated directing, this Ordinance shall have effect accordingly.
protector-
territories.
of. 23 Geo. 5, c. 13. s. 7.