Please enable JavaScript.
Coggle requires JavaScript to display documents.
Recognition and Enforcement of Foreign Judgment - Coggle Diagram
Recognition and Enforcement of Foreign Judgment
Common Law
See Hua Daily News Bhd v Tan Thien Chin:
Main advantage of REJA is procedural, as the condition and defences available are similar as in common law
Procedure: File a writ and apply for summary judgment (
See Hua Daily News Bhd v Tan Thien Chin:
)
Conditions (
Sakuragawa Pump v Perkapalan Mesra Sdn Bhd)
:
Foreign court must have exercised a jurisdiction which the court will recognise
Final and conclusive
For a fixed debt
Defences (
See Hua Daily News Bhd v Tan Thien Chin:
)
the foreign court has no jurisdiction
judgment obtained by fraud
judgment contrary to public policy
judgment obtained in breach of natural justice
Reciprocal Enforcement of Judgment Act 1958 (REJA)
Time limit (s4(1))
Must apply for registration within 6 years from the date of judgment
Procedures
Application for registration: O67
r4: security for costs
r5: Order in Form 143 for registration (Shall state the period before which an application of setting aside can be made - execution will only be issued after the period is over)
r3: supporting affidavit
r7: Notice of registration to be served personally
r2: By OS (ex parte)
Execution: O67 r10(1)
can only issue after the expiration of the period for setting aside
Conditions (s 3(3))
(b) Monetary Judgment
(c) Foreign Country set out in Schedule 1
(a) Final and conclusive judgment
It is final and conclusive notwithstanding an appeal may be pending (so long as it is not stayed)
Setting Aside (s5(1))
s5(1)(a)
(i) that the judgment is not a judgment to which this Part applies or was registered in contravention of this Act;
(ii) that the courts of the country of the original court had no jurisdiction in the circumstances of the case
(iii) that the judgment debtor, being the defendant in the proceedings in the original court, did not (notwithstanding that process may have been duly served on him in accordance with the law of the country of the original court) receive notice of those proceedings in sufficient time to enable him to defend the proceedings and did not appear;
(iv) that the judgment was obtained by fraud;
(v) that the enforcement of the judgment would be contrary to public policy in Malaysia; or
(vi) that the rights under the judgment are not vested in the person by whom the application for registration was made
s5(1)(b)
if there had been a final and conclusive judgment by a court having jurisdiction in the matter.
Procedure in applying to set aside
O67 r9: Notice of application supported by affidavit
Commerzbank v Tow Kong Liang:
when considering application to set aside, the court will not consider the the decision of the foreign court
Reciprocating Countries (Schedule 1)
UK
Hong Kong
Singapore
New Zeland
Sri Lanka
India
Brunei
Effect of registration (s4(2))
can be valid and enforceable as if the judgment is by Malaysian Court
Enforcing Malaysian judgment in reciprocating countries: O67r13, s10 REJA: apply for Certified Copy of judgment