Marine Liability Act

Version of section 64 from 2003-01-01 to 2010-01-01:


Marginal note:Registration of foreign judgments

  •  (1) If a foreign judgment has been rendered, the judgment creditor may, at any time during which the foreign judgment is enforceable in the state in which it was rendered, apply to the Admiralty Court in accordance with its rules to have the foreign judgment registered in that Court.

  • Marginal note:Court may register foreign judgment

    (2) On an application made under subsection (1), the Admiralty Court may, subject to subsections (3) and (4) and section 67, order the registration of the foreign judgment if it is satisfied

    • (a) that a case for registration has been made; and

    • (b) that the foreign judgment is not under appeal and is no longer subject to appeal in the state in which it was rendered.

  • Marginal note:If judgment debtor appears

    (3) If, under the rules of the Admiralty Court, the judgment debtor appears at the hearing of an application made under subsection (1), that Court may not order the registration of the foreign judgment if it is satisfied that

    • (a) the foreign judgment has been fully satisfied;

    • (b) the foreign court acted without jurisdiction;

    • (c) the foreign judgment was obtained by fraud; or

    • (d) the defendant in the foreign action was not given reasonable notice and a fair opportunity to present their case.

  • Marginal note:When judgment partly satisfied

    (4) On any application made under subsection (1), if the Court is satisfied that the foreign judgment has been partly satisfied, the foreign judgment shall be ordered to be registered only in respect of the balance remaining payable.

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