Page:Choice of Court Agreements Act 2016.pdf/13

Rh in the same manner and to the same extent as a judgment issued by the High Court.

(2) A foreign judgment—
 * (a) is to be recognised only if the judgment has effect in the State of origin; and
 * (b) is to be enforced only if the judgment is enforceable in the State of origin.

(3) In determining whether to recognise or enforce a foreign judgment, the High Court—
 * (a) must not review the merits of the foreign judgment, except to the extent necessary to apply the provisions of this Part; and
 * (b) is bound by any findings of fact on which the court of origin assumed jurisdiction, unless the judgment was given by default.

(4) Where a foreign judgment satisfies the requirements for recognition, or for recognition and enforcement, under this Part, the High Court must recognise, or recognise and enforce, as the case may be, the foreign judgment, except in the circumstances provided under this Part for the refusal of such recognition or enforcement.

Grounds on which High Court must refuse to recognise or enforce foreign judgment

14. The High Court must refuse to recognise or enforce a foreign judgment, or must set aside an order (made pursuant to an application under section 13(1)) that recognises or enforces a foreign judgment, in any of the following circumstances, or in any other circumstances that the Minister may prescribe by regulations made under section 22:
 * (a) the defendant in the proceedings in which the judgment was obtained was not notified of the document by which the proceedings were instituted or an equivalent document, including the essential elements of the claim, in sufficient time to enable the defendant to defend the proceedings, unless—