Clause 16

The High Court may refuse to recognise or enforce a foreign judgment, or may set aside an order (made pursuant to an application under section 13(1)) that recognises or enforces a foreign judgment, if, and to the extent that, the foreign judgment awards damages (including exemplary or punitive damages) in excess of compensation for the actual loss or harm suffered by the party awarded the damages.

In making its decision under subsection (1), the High Court must take into account whether, and the extent to which, the damages awarded by the court of origin serve to cover costs and expenses relating to the proceedings in which the foreign judgment was obtained.