Victorian Consolidated Legislation

Foreign Judgments Act 1962 - SECT 8

Powers of Supreme Court on application to set aside registration

8. Powers of Supreme Court on application to set aside registration



(1) If, on an application to set aside the registration of a judgment, the
applicant satisfies the Supreme Court either that an appeal is pending, or
that he is entitled and intends to appeal, against the judgment, the Court, if
it thinks fit, may, on such terms as it may think just, either set aside the
registration or adjourn the application to set aside the registration until
after the expiration of such period as appears to the Supreme Court to be
reasonably sufficient to enable the applicant to take the necessary steps to
have the appeal disposed of by a competent tribunal.

(2) Where the registration of a judgment is set aside under subsection (1) of
this section, 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.



(3) 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 Supreme Court shall, on the application of the
judgment creditor, order judgment to be registered for the balance remaining
payable at that date.