Page:Choice of Court Agreements Act 2016.pdf/16

16 : Contracting State, and transfers the case to the other court; and
 * (c) the other court issues a foreign judgment against a party to the case who objected in a timely manner to the transfer,

the High Court may refuse to recognise or enforce that judgment against that party, or may set aside an order (made pursuant to an application under section 13(1)) that recognises or enforces that judgment against that party.

Refusal of recognition or enforcement of foreign judgment awarding non-compensatory damages

16.—(1) The High Court may refuse to recognise or enforce a foreign judgment, or may set aside an order (made pursuant to an application under section 13(1)) that recognises or enforces a foreign judgment, if, and to the extent that, the foreign judgment awards damages (including exemplary or punitive damages) in excess of compensation for the actual loss or harm suffered by the party awarded the damages.

(2) In making its decision under subsection (1), the High Court must take into account whether, and the extent to which, the damages awarded by the court of origin serve to cover costs and expenses relating to the proceedings in which the foreign judgment was obtained.

Recognition and enforcement of ruling on preliminary question, etc.

17.—(1) If any excluded section 9(2) matter or excluded section 9(4)(a) matter arises as a preliminary question in any proceedings resulting in a foreign judgment, the High Court must not recognise or enforce under this Act, or must set aside an order (made pursuant to an application under section 13(1)) that purports to recognise or enforce, the ruling on that question.

(2) Subject to subsection (3), if any excluded section 9(2) matter arises as a preliminary question in any proceedings resulting in a foreign judgment, the High Court may refuse to recognise or enforce the foreign judgment, or may set aside an order (made pursuant to an