RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT 1958

The Yang di-Pertuan Agong may, if he is satisfied that in the event of the benefits conferred by this Part being extended to judgments given in the superior courts of any country or territory outside Malaysia, substantial reciprocity of treatment will be assured as respects the enforcement in that country or territory of judgments given in the High Court, by order extend this Part to that country or territory and may, by the same or a different order, amend the First

Schedule to add that country or territory thereto and specify what courts of that country or territory shall be deemed to be superior courts for the purposes of this Part.

Any judgment of a superior court, other than a judgment of such a court given on appeal from a court which is not a superior court, shall be a judgment to which this Part applies, if—

For the purposes of this section, a judgment shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the courts of the country of the original court.

Application for and effect of registration of judgment

it has been wholly satisfied; or

it could not be enforced by execution in the country of the original court.

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Subject to the provisions of this Act with respect to the setting aside of registration—

Where the sum payable under a judgment which is to be registered is expressed in a currency other than Malaysian currency, the judgment shall be registered as if it were a judgment for such sum in Malaysian currency as, on the basis of the rate of exchange prevailing at the date of the judgment of the original court, is equivalent to the sum so payable.

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 that 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.

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In addition to the 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, the judgment shall 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.

Cases in which registered judgments must, or may, be set aside

shall be set aside if the registering court is satisfied—

that the judgment is not a judgment to which this

Part applies or was registered in contravention of this Act;

that the enforcement of the judgment would be contrary to public policy in Malaysia; or

may be set aside if the registering court is satisfied that the matter in dispute in the proceedings in the original court had previously to the date of the judgment in the original court been the subject of a final and conclusive judgment by a court having jurisdiction in the matter.

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For the purposes of this section the courts of the country of the original court shall, subject to subsection (3), be deemed to have had jurisdiction—

Notwithstanding anything in subsection (2), the courts of the country of the original court shall not be deemed to have had jurisdiction—

Where the registration of a judgment is set aside under subsection (1), or solely for the reason that the judgment was not at the date of the application for registration enforceable by execution in the country of the original court, the setting aside of the registration shall not prejudice a further application to register the judgment when the appeal has been disposed of or if and when the judgment becomes enforceable by execution in that country, as the case may be.

Where the registration of a judgment is set aside solely for the reason that the judgment, notwithstanding that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable thereunder, the registering court shall, on the application of the judgment creditor, order judgment to be registered for the balance remaining payable at that date.

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Judgments which can be registered not to be enforceable otherwise

This section shall not apply in the case of any judgment—

Nothing in this section shall be taken to prevent any court in

Malaysia recognizing any judgment as conclusive of any matter of law or fact decided therein if that judgment would have been so recognized before the coming into force of this Act.

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Power to make judgments unenforceable in Malaysia if no reciprocity

Except so far as the Yang di-Pertuan Agong may by order under this section otherwise direct, no proceedings shall be entertained in any court in Malaysia for the recovery of any sum alleged to be payable under a judgment given in a court of a reciprocating country to which this section applies.

Issue of certificates of judgments obtained in Malaysia

making provision with respect to the giving of security for costs by persons applying for the registration of judgments;

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prescribing the matters to be proved on an application for the registration of a judgment and for regulating the mode of proving those matters;

providing for the service on the judgment debtor of notice of the registration of a judgment;

making provision with respect to the fixing of the period within which an application may be made to have the registration of the judgment set aside and with respect to the extension of the period so fixed;

prescribing the method by which any question arising under this Act whether a judgment can be enforced by execution in the country of the original court, or what interest is payable under a judgment under the law of the original court, is to be determined; and

prescribing any matter which is to be prescribed.

Rules of court made for the purposes of Part II shall be expressed to have, and shall have, effect subject to any such provisions contained in orders made under section 3 as are declared by the said orders to be necessary for giving effect to agreements made between the Yang di-Pertuan Agong and reciprocating countries in relation to matters with respect to which there is power to make rules of court for the purposes of Part II.

Repeal and saving

Any judgment of a superior court in a reciprocating country registered in any court in Malaysia under any written law in force in any part of Malaysia before the first day of December 1972, shall be deemed to have been registered under this Act and to be enforceable accordingly, and anything done in relation to any such judgment under any such law or under any rules of court or other provisions applicable thereto shall be as valid and effectual as if it had been done under this Act or the corresponding rules of court or other provisions applicable to this Act.

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FIRST SCHEDULE

[Sections 2, 3 and 10]

Reciprocating country

Superior courts

United Kingdom

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