LEGAL PRINCIPLE: CIVIL PROCEDURE — Enforcement of Foreign Judgments — Time for Registration — Twelve-Month Limitation Period Under Reciprocal Enforcement of Judgments Ordinance
PRINCIPLE STATEMENT
A judgment creditor may apply to have a judgment registered within twelve months after the date of the judgment or such longer period as may be allowed by the court.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Macaulay v. Raiffeisen Zentral Bank Osterreich Akiengesellschaft (RZB) of Austria (2003) NLC-1092002(SC) at pp. 3–4; Paras A–C.
"Where a judgment has been obtained in the High Court in England or Ireland, or in the Court of Session in Scotland, the judgment creditor may apply to a High Court at any time within twelve months after the date of the judgment or such longer period as may be allowed by the court, to have the judgment registered in the court."
EXPLANATION / SCOPE
The twelve-month limitation applies under the Ordinance. The principle applies to enforcement of foreign judgments. The court may extend time. The rule is statutory. The party must apply within the period. The principle is well-established.