||Title:||FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ORDINANCE||Gazette Number:|
|Section:||10||Heading:||General effect of certain foreign judgments||Version Date:||30/06/1997|
(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 counterclaim in any such proceedings.
(2) This section shall not apply in the case of any judgment-
(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.
(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
(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).
(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
[cf. 1933 c. 13 s. 8 U.K.]