1981 Ed.}
Foreign Judgments (Reciprocal Enforcement)
[CAP. 319
9
(ii) the fact that a judgment was given before the coming into operation of the order did not prevent such judgment from being a judgment to which the provisions of this Ordinance apply, but the time limited for the registration of a judgment so given was 12 months from the date of the judgment or such longer period as may be allowed by the High Court; and
(iii) any judgment registered in the High Court under the provisions of the Judgments (Facilities for Enforcement) Ordinance before the coming into operation of the order had been registered in that court under the provisions of this Ordinance and anything done in relation thereto under the provisions of the Judgments (Facilities for Enforcement) Ordinance or any rules of court or other provisions applicable thereto had been done under the provisions of this Ordinance or the corresponding rules of court or other provisions applicable thereto.
(Replaced, 13 of 1964, s. 3)
10. (1) Subject to the provisions of this section, a judgment to which the provisions of this Ordinance apply or would have applied if a sum of money had been payable thereunder, whether it can be registered or not, and whether, if it can be registered, it is registered or not, shall be recognized in any court in the Colony 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 a 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 satisfied; 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).
(3) Nothing in this section shall be taken to prevent any court in the Colony recognizing any judgment as conclusive of any matter of law or fact decided therein if that judgment would have been so recognized before the commencement of this Ordinance.
(Cap. 9.)
(Cap. 9.)
General effect of certain foreign judgments.
[cf. 1933 c. 13, s. 8.]
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