1964_FOREIGN_JUDGMENTS_(RECIPROCAL_ENFORCEMENT)_ORDINANCE — Page 9

8

CAP. 319]

Foreign Judgments ( Reciprocal Enforcement)

[1981 Ed.

Foreign judgments which can be registered not to be enforceable otherwise.

(cf. 1933 c. 13, s. 6.) Application to the

Commonwealth.

(Cap. 9.)

(Cap. 9.)

application to set aside the registration until after the expiration of such period as appears to the court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by the competent tribunal.

(2) Where the registration of a judgment is set aside under subsection (1), or solely for the reason that the judgment was not at the date of the application for registration enforceable by execution in the country of the original court, the setting aside of the registration shall not prejudice a further application to register the judgment when 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 regis- tered 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.

8. No proceedings for the recovery of a sum payable under a foreign judgment, being a judgment to which the provisions of this Ordinance apply, other than proceedings by way of registration of the judgment, shall be entertained in any court in the Colony.

9. (1) The Governor in Council may by order direct that the provisions of this Ordinance shall apply to any part of the Com- monwealth and to judgments obtained in the superior courts of such part, as they apply to foreign countries and judgments obtained in the superior courts of foreign countries; and upon the making of any such order the provisions of the Judgments (Facilities for Enforce- ment) Ordinance shall cease to have effect except in relation to such part of the Commonwealth to which it extends at the date of the order.

(2) If at any time after the Governor in Council has directed as aforesaid an order is made under section 3 extending the provisions of this Ordinance to any part of the Commonwealth to which the Judgments (Facilities for Enforcement) Ordinance extends, then in relation to such part-

(a) the last mentioned Ordinance shall cease to have effect; (b) the provisions of this Ordinance shall have effect as if-

(i) the expression "judgment" included an award in proceedings on an arbitration if the awards has, in pursu- ance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place;