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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 41.62 Application for an order for registration of foreign judgment

FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 41.62

Application for an order for registration of foreign judgment

         (1)   A party who wants to register a judgment under section 6 (1) of the Foreign Judgments Act 1991 must file an originating application, in accordance with Form 134.

         (2)   The originating application must be accompanied by:

                (a)    a copy of the judgment certified by the original court, and if the judgment is not in the English language a translation of the judgment authenticated by an affidavit; and

               (b)    an affidavit stating the following:

                          (i)    the full name, occupation and the usual or last-known place of residence, or of business, of the parties;

                         (ii)    if section 6 (1) (b) of the Foreign Judgments Act 1991 is relied on -- the date of the last judgment in proceedings by way of appeal;

                        (iii)    that the judgment was given in a proceeding in which a matter for determination arose under the Commerce Act 1986 (New Zealand), other than a proceeding or a part of a proceeding in which a matter for determination arose under section 36A, 98H or 99A of that Act;

                        (iv)    that Part 2 of the Foreign Judgments Act 1991 applies to the judgment;

                         (v)    that if the judgment were registered the registration would not be, or be liable to be, set aside under section 7 of the Foreign Judgments Act 1991 ;

                        (vi)    the amount of costs of, and incidental to, the registration sought to be included in the registered judgment;

                       (vii)    if the judgment is a money judgment -- that judgment was given in a superior court of a country in relation to which Part 2 of the Foreign Judgments Act 1991 extends, or an inferior court of such a country, being an inferior court in relation to which Part 2 of the Foreign Judgments Act 1991 extends;

                      (viii)    if section 13 of the Foreign Judgments Act 1991 does not apply to the country of the original court -- that that section does not so apply;

                        (ix)    if the judgment is a non-money judgment -- that the judgment is a non-money judgment of a kind prescribed under section 5 (6) of the Foreign Judgments Act 1991 .

         (3)   The application may be without notice.

Note    Without notice is defined in the Dictionary.