CAP. 319]
Foreign Judgments (Reciprocal Enforcement)
[1981 Ed.
Power to make
foreign
judgments
unenforceable in the Colony, if no reciprocity.
[cf. 1933 c. 13, s. 9.]
Issue of certificates of judgments obtained in the Colony.
[cf. 1933 c. 13, s. 10.]
(Cap. 4.)
Transitional.
(8 of 1981.)
(*23.1.1981.)
11. (1) If it appears to the Governor in Council that the treatment in respect of recognition and enforcement accorded by the courts of any foreign country to judgments given in the superior courts of the Colony is substantially less favourable than that accorded by the courts of the Colony to judgments of the superior courts of that country, the Governor in Council may by order apply this section to that country.
(2) Except in so far as the Governor in Council may by order under this section otherwise direct, no proceedings shall be entertained in any court in the Colony for the recovery of any sum alleged to be payable under a judgment given in a court of a country to which this section applies.
(3) The Governor in Council may by a subsequent order vary or revoke any order previously made under this section.
12. Where a judgment under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, has been entered in the High Court against any person and the judgment creditor is desirous of enforcing the judgment in a foreign country to which the provisions of this Ordinance apply, the court shall, on an application made by the judgment creditor and on payment of such fee as may be fixed for the purposes of this section by rules of court made under the Supreme Court Ordinance as modified by section 5 of this Ordinance, issue to the judgment creditor a certified copy of the judgment, together with a certificate containing such particulars with respect to the action, including the causes of action, and the rate of interest, if any, payable on the sum payable under the judgment, as may be prescribed: (Amended, 92 of 1975, s. 58)
Provided that, where execution of a judgment is stayed for any period pending an appeal or for any other reason, an application shall not be made under this section with respect to the judgment until the expiration of that period.
13. Notwithstanding the amendment of section 4(3) by section 2 of the Foreign Judgments (Reciprocal Enforcement) (Amendment) Ordinance 1981 (hereinafter called the "amending Ordinance"), the provisions of section 4(3) immediately prior to the date of commencement* of the amending Ordinance shall continue to apply in relation to judgments registered before such date.
(8 of 1981, s. 3, incorporated)
10
CAP. 319]
Foreign Judgments (Reciprocal Enforcement)
[1981 Ed.
Power to make
foreign
judgments
unenforceable in the Colony, if no reciprocity.
[cf. 1933 c. 13. s. 9.]
Issue of certificates of judgments obtained in the Colony.
[cf. 1933 c. 13, s. 10.)
(Cap. 4.)
Transitional.
(8 of 1981.)
(*23.1.1981.]
11. (1) If it appears to the Governor in Council that the treatment in respect of recognition and enforcement accorded by the courts of any foreign country to judgments given in the superior courts of the Colony is substantially less favourable than that accorded by the courts of the Colony to judgments of the superior courts of that country, the Governor in Council may by order apply this section to that country.
(2) Except in so far as the Governor in Council may by order under this section otherwise direct, no proceedings shall be enter- tained in any court in the Colony for the recovery of any sum alleged to be payable under a judgment given in a court of a country to which this section applies.
(3) The Governor in Council may by a subsequent order vary or revoke any order previously made under this section.
12. Where a judgment under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, has been entered in the High Court against any person and the judgment creditor is desirous of enforcing the judgment in a foreign country to which the provisions of this Ordinance apply, the court shall, on an applica- tion made by the judgment creditor and on payment of such fee as may be fixed for the purposes of this section by rules of court made under the Supreme Court Ordinance as modified by section 5 of this Ordinance issue to the judgment creditor a certified copy of the judgment, together with a certificate containing such particulars with respect to the action, including the causes of action, and the rate of interest, if any, payable on the sum payable under the judgment, as may be prescribed: (Amended, 92 of 1975, s. 58)
Provided that, where execution of a judgment is stayed for any period pending an appeal or for any other reason, an application shall not be made under this section with respect to the judgment until the expiration of that period.
13. Notwithstanding the amendment of section 4(3) by section 2 of the Foreign Judgments (Reciprocal Enforcement) (Amend- ment) Ordinance 1981 (hereinafter called the "amending Ordin- ance"), the provisions of section 4(3) immediately prior to the date of commencement* of the amending Ordinance shall continue to apply in relation to judgments registered before such date.
(8 of 1981, s. 3, incorporated)
No comments yet.
Private notes are available after approval.