Reciprocal Enforcement of Foreign Judgments Act 1959 · 2020 Revised Edition · Part 1 · Registration of Foreign Judgments
4. Application for, and effect of, registration of foreign judgment
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A person, being a judgment creditor under a judgment to which this Part applies, may apply to the General Division of the High Court at any time —
judgment creditor
“judgment creditor” means the person in whose favour the judgment was given (whether or not a sum of money is payable under the judgment), and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise;
within 6 years after the date of the judgment; or
where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings,to have the judgment registered in the General Division of the High Court.
On an application under subsection (1), the court shall, subject to proof of the prescribed matters and to the provisions of this Act, order the judgment to be registered.
prescribed
“prescribed” means prescribed by Rules of Court or Family Justice Rules;
A judgment shall not be registered under this section if at the date of the application —
judgment
“judgment” means an interlocutory or final judgment or order given or made by a court in any civil proceedings, or a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party, and includes a consent judgment, a consent order and a judicial settlement;
it has been wholly satisfied;
it has been discharged; or
it could not be enforced in the country of the original court.
The registering court —
registering court
“registering court”, in relation to any judgment, means the court to which an application to register the judgment is made.
may only register a non‑money judgment if, having regard to the circumstances of the case and the nature of the relief contained in the judgment, it is satisfied that enforcement of the judgment would be just and convenient; and
if it is of the opinion that such enforcement would not be just and convenient, may make an order for the registration of such amount as it considers to be the monetary equivalent of the relief.
If it appears to the registering court that a money judgment awards damages (including exemplary or punitive damages) that are in excess of compensation for the actual loss or harm suffered by the party awarded the damages, the judgment may only be registered for the amount of the compensation.
money judgment
“money judgment” means a judgment under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a similar nature or in respect of a fine or other penalty;
In making its decision under subsection (5), the registering court must take into account whether, and the extent to which, the damages awarded by the original court serve to cover costs and expenses relating to the proceedings in which the judgment was obtained.
original court
“original court”, in relation to any judgment, means the court by which the judgment was given;
Subject to the provisions of this Act with respect to the setting aside of registration —
registration
“registration” means registration under Part 1 and “register” and “registered” shall be construed accordingly;
a registered judgment shall, for the purposes of enforcement, be of the same force and effect;
proceedings may be taken on a registered judgment;
the sum for which a judgment is registered shall carry interest; and
the registering court shall have the same control over the enforcement of a registered judgment,as if the judgment had been a judgment originally given in the registering court and entered on the date of registration.
An enforcement order must not be issued to enforce a judgment so long as, under this Part and the Rules of Court or Family Justice Rules made thereunder, it is competent for any party to make an application to have the registration of the judgment set aside or, where such application is made, until after the application has been finally determined.
Family Justice Rules
“Family Justice Rules” means the Family Justice Rules made under section 46 of the Family Justice Act 2014;
If at the date of the application for registration the judgment of the original court has been partly satisfied, the judgment shall not be registered in respect of the whole sum payable under the judgment of the original court, but only in respect of the balance remaining payable at the date.
If, on an application for the registration of a judgment, it appears to the registering court that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments those judgments could properly have been registered, the judgment may be registered in respect of the provisions aforesaid but not in respect of any other provisions contained therein.
In addition to any sum of money payable under the judgment of the original court (including any interest which by the law of the country of the original court becomes due under the judgment up to the time of registration), or the amount of the monetary equivalent of the relief mentioned in subsection (4)(b) (as the case may be), the judgment must be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the original court.
country of the original court
“country of the original court” means the country in which the original court is situated;