67. Reciprocal Enforcement of Judgments.
ORDER 67
RECIPROCAL ENFORCEMENT OF JUDGMENTS
1. Powers under relevant acts exerciseable by Judge or Registrar. (O. 67 r. 1)
The powers conferred on the High Court by the Reciprocal Enforcement of Judgments Act, 1958 (in this Order referred to as "the Act"), may be exercised by a Judge in Chambers and the Registrar.
2. Application for registration. (O. 67 r. 2)
(1) An application under section 4 of the Act in respect of a judgment obtained in a superior Court of a country in the First Schedule thereto to have the judgment registered in the High Court must be made by an originating summons.
(2) No appearance need be entered to an originating summons under this rule.
3. Evidence in support of application. (O. 67 r. 3)
(1) An application for registration must be supported by an affidavit–
(a) exhibiting the judgment or a certified or certified or otherwise duly authenticated copy thereof, and where the judgment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit;
(b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;
(c) stating to the best of the information or belief of the deponent–
(i) that the judgment creditor is entitled to enforce the judgment;
(ii) as the case may require, either that at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied;
(iii) where the application is made under the Act, that the judgment does not fall within any of the case in which a judgment may not be ordered to be registered under section 4(2) of the Act;
(iv) where the application is made under the Act, that at the date of the application the judgment can be enforced by execution in the country of the original Court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 5 of that Act;
(d) specifying, where the application is made under the Act, the amount of the interest, if any, which under the law of the country of the original Court has become due under the judgment up to the time of registration.
(2) Where the sum payable under a judgment sought to be registered is expressed in a currency other than the currency of Malaysia, the affidavit must also state the amount which that sum represents in the currency of Malaysia calculated at the rate of exchange prevailing at the date of the judgment.
(3) Where a judgment sought to be registered under the Act is in respect of different matters, and some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments, those judgments could properly have been registered, the affidavit must state the provisions in respect of which it is sought to register the judgment.
(4) In the case of an application under the Act, the affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original Court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order under the Act extending that Act to that country.
4. Security for costs. (O. 67 r. 4)
Save as otherwise provided by any notification made under section 5 of the Act or any relevant Order under the Act, the Court may order the judgment creditor to give security for the cost of the application for registration and of any proceedings which may be brought to set aside the registration.
5. Order for registration. (O. 67 r. 5)
(1) An order in Form 145 giving leave to register a judgment must be drawn up by, or on behalf of, the judgment creditor and served on the judgment debtor.
(2) Every such order shall state the period within which an application may be made to set aside the registration and shall contain a notification that execution on the judgment will not issue until after the expiration of that period.
(3) The Court may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, extend the period (either as originally fixed or as subsequently extended) within which an application to have the registration set aside may be made.
6. Register of judgments. (O. 67 r. 6)
(1) There shall be kept in the Registry a register of the judgments ordered to be registered under the Act.
(2) There shall be included in such register particulars of any execution issued on a judgment ordered to be so registered.
7. Notice of registration. (O. 67 r. 7)
(1) Notice of the registration of a judgment must be served on the judgment debtor and, subject to paragraph (2), must be served personally unless the Court otherwise orders.
(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8, shall apply in relation to such a notice as they apply in relation to notice of a writ.
(3) The notice of registration must state–
(a) full particulars of the judgment registered and the order for registration.
(b) the name and address of the judgment creditor or of his solicitor on whom, and at which, any summons issued by the judgment debtor may be served;
(c) the right of the judgment debtor to apply to have the registration set aside; and
(d) the period within which an application to set aside the registration may be made.
8. Indorsement of service. (O. 67 r. 8)
(1) Within 3 days after service of the notice of registration or within such longer period as the Court may, in special circumstances, allow, the notice or a copy thereof must be indorsed by the person who served it with the day of the week and date on which it was served; and, if the notice is not so indorsed within the period aforesaid the judgment creditor may not issue execution on the judgment to which the notice relates without the leave of the Court.
(2) Every affidavit of service of any such notice must state the date on which the notice was indorsed under this rule.
9. Application to set aside registration. (O. 67 r. 9)
(1) An application to set aside the registration of a judgment must be made by summons supported by affidavit.
(2) The Court hearing such application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in which an issue in an action may be ordered to be tried.
(3) Where the Court hearing an application to set aside the registration of a judgment registered under the Act is satisfied that the judgment falls within any of the cases in which a judgment may not be ordered to be registered under section 3(2) of that Ordinance or that it is not just or convenient that the judgment should be enforced in Malaysia or that there is some other sufficient reason for setting aside the registration, it may order the registration of the judgment to be set aside on such terms as it thinks fit.
10. Issue of execution. (O. 67 r. 10)
(1) Execution shall not issue on a judgment registered under the Act until after the expiration of the period which, in accordance with rule 5(3), is specified in the order for registration as the period within which an application may be made to set aside the registration or, if that period has been extended by the Court, until after the expiration of that period as so extended.
(2) If an application is made to set aside the registration of a judgment, execution on the judgment shall not issue until after such application is finally determined.
(3) Any party wishing to issue execution on a judgment registered under the Act must produce to the sheriff an affidavit of service of the notice of registration of the judgment and any order made by the Court in relation to the judgment.
11. Determination of certain questions. (O. 67 r. 11)
If, in any case under the Act, any question arises whether a foreign judgment can be enforced by execution in the country of the original Court, or what interest is payable under a foreign judgment under the law of the original Court, that question shall be determined in accordance with the provisions in that behalf contained in the Order extending that Act to that country.
12. Rules to have effect subject to orders of the Government. (O. 67 r. 12)
The foregoing rules shall, in relation to any judgment registered or sought to be registered under the Act, have effect subject to any such provisions contained in the Order extending that Act to the country of the original Court as are declared by the Order to be necessary for giving effect to the agreement made between the Government and that country in relation to matters with respect to which there is power to make those rules.
13. Certified copy of High Court judgment. (O. 67 r. 13)
(1) An application under section 10 of the Act for a certified copy of a judgment entered in the High Court must be made ex parte by summons to the Registrar supported by affidavit.
(2) The affidavit in support of the application under section 10 of the Act must give particulars of the judgment, show that the judgment debtor is resident in the territory to which that Act extends and state the name, trade or business and the usual or last known place of abode of the judgment creditor and the judgment debtor respectively, so far as known to the deponent.
(3) The affidavit in support of the application under section 10 of the Act must–
(a) give particulars of the proceedings in which the judgment was obtained;
(b) have annexed to it a copy of the writ or originating summons by which the proceedings were begun, the evidence of service thereof on, or appearance by, the defendant, copies of the pleadings, if any, and a statement of the grounds on which the judgment was based;
(c) state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds;
(d) show that the judgment is not subject to any stay of execution;
(e) state that the time for appealing has expired or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been entered; and
(f) state the rate at which the judgment carries interest.
(4) The certified copy of the judgment shall be an office copy sealed with the seal of the High Court and indorsed with a certificate in Form 146 signed by the Registrar certifying that the copy is a true copy of a judgment obtained in the High Court in Malaysia and that it is issued in accordance with section 4 of the Act or section 10 as the case may be.
(5) Where the application is made under section 10 of the Act, there shall also be issued a certificate in Form 147 (signed by the Registrar and sealed with the seal of the High Court) having annexed to it a copy of the writ or originating summons by which the proceedings were begun, and stating–
(a) the manner in which the writ or such summons was served on the defendant or that the defendant appeared thereto;
(b) what objections, if any, were made to the jurisdiction;
(c) what pleadings, if any, were served;
(d) the grounds on which the judgment was based;
(e) that the time for appealing has expired or, as the case may be, the date on which it will expire;
(f) whether notice of appeal against the judgment has been entered; and
(g) such other particulars as it may be necessary to give to the Court in the foreign country in which it is sought to obtain execution of the judgment,
and a certificate (signed and sealed as aforesaid) stating the rate at which the judgment carries interest.
ORDER 67
RECIPROCAL ENFORCEMENT OF JUDGMENTS
1. Powers under relevant acts exerciseable by Judge or Registrar. (O. 67 r. 1)
The powers conferred on the High Court by the Reciprocal Enforcement of Judgments Act, 1958 (in this Order referred to as "the Act"), may be exercised by a Judge in Chambers and the Registrar.
2. Application for registration. (O. 67 r. 2)
(1) An application under section 4 of the Act in respect of a judgment obtained in a superior Court of a country in the First Schedule thereto to have the judgment registered in the High Court must be made by an originating summons.
(2) No appearance need be entered to an originating summons under this rule.
3. Evidence in support of application. (O. 67 r. 3)
(1) An application for registration must be supported by an affidavit–
(a) exhibiting the judgment or a certified or certified or otherwise duly authenticated copy thereof, and where the judgment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit;
(b) stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;
(c) stating to the best of the information or belief of the deponent–
(i) that the judgment creditor is entitled to enforce the judgment;
(ii) as the case may require, either that at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied;
(iii) where the application is made under the Act, that the judgment does not fall within any of the case in which a judgment may not be ordered to be registered under section 4(2) of the Act;
(iv) where the application is made under the Act, that at the date of the application the judgment can be enforced by execution in the country of the original Court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 5 of that Act;
(d) specifying, where the application is made under the Act, the amount of the interest, if any, which under the law of the country of the original Court has become due under the judgment up to the time of registration.
(2) Where the sum payable under a judgment sought to be registered is expressed in a currency other than the currency of Malaysia, the affidavit must also state the amount which that sum represents in the currency of Malaysia calculated at the rate of exchange prevailing at the date of the judgment.
(3) Where a judgment sought to be registered under the Act is in respect of different matters, and some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments, those judgments could properly have been registered, the affidavit must state the provisions in respect of which it is sought to register the judgment.
(4) In the case of an application under the Act, the affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original Court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order under the Act extending that Act to that country.
4. Security for costs. (O. 67 r. 4)
Save as otherwise provided by any notification made under section 5 of the Act or any relevant Order under the Act, the Court may order the judgment creditor to give security for the cost of the application for registration and of any proceedings which may be brought to set aside the registration.
5. Order for registration. (O. 67 r. 5)
(1) An order in Form 145 giving leave to register a judgment must be drawn up by, or on behalf of, the judgment creditor and served on the judgment debtor.
(2) Every such order shall state the period within which an application may be made to set aside the registration and shall contain a notification that execution on the judgment will not issue until after the expiration of that period.
(3) The Court may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, extend the period (either as originally fixed or as subsequently extended) within which an application to have the registration set aside may be made.
6. Register of judgments. (O. 67 r. 6)
(1) There shall be kept in the Registry a register of the judgments ordered to be registered under the Act.
(2) There shall be included in such register particulars of any execution issued on a judgment ordered to be so registered.
7. Notice of registration. (O. 67 r. 7)
(1) Notice of the registration of a judgment must be served on the judgment debtor and, subject to paragraph (2), must be served personally unless the Court otherwise orders.
(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8, shall apply in relation to such a notice as they apply in relation to notice of a writ.
(3) The notice of registration must state–
(a) full particulars of the judgment registered and the order for registration.
(b) the name and address of the judgment creditor or of his solicitor on whom, and at which, any summons issued by the judgment debtor may be served;
(c) the right of the judgment debtor to apply to have the registration set aside; and
(d) the period within which an application to set aside the registration may be made.
8. Indorsement of service. (O. 67 r. 8)
(1) Within 3 days after service of the notice of registration or within such longer period as the Court may, in special circumstances, allow, the notice or a copy thereof must be indorsed by the person who served it with the day of the week and date on which it was served; and, if the notice is not so indorsed within the period aforesaid the judgment creditor may not issue execution on the judgment to which the notice relates without the leave of the Court.
(2) Every affidavit of service of any such notice must state the date on which the notice was indorsed under this rule.
9. Application to set aside registration. (O. 67 r. 9)
(1) An application to set aside the registration of a judgment must be made by summons supported by affidavit.
(2) The Court hearing such application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in which an issue in an action may be ordered to be tried.
(3) Where the Court hearing an application to set aside the registration of a judgment registered under the Act is satisfied that the judgment falls within any of the cases in which a judgment may not be ordered to be registered under section 3(2) of that Ordinance or that it is not just or convenient that the judgment should be enforced in Malaysia or that there is some other sufficient reason for setting aside the registration, it may order the registration of the judgment to be set aside on such terms as it thinks fit.
10. Issue of execution. (O. 67 r. 10)
(1) Execution shall not issue on a judgment registered under the Act until after the expiration of the period which, in accordance with rule 5(3), is specified in the order for registration as the period within which an application may be made to set aside the registration or, if that period has been extended by the Court, until after the expiration of that period as so extended.
(2) If an application is made to set aside the registration of a judgment, execution on the judgment shall not issue until after such application is finally determined.
(3) Any party wishing to issue execution on a judgment registered under the Act must produce to the sheriff an affidavit of service of the notice of registration of the judgment and any order made by the Court in relation to the judgment.
11. Determination of certain questions. (O. 67 r. 11)
If, in any case under the Act, any question arises whether a foreign judgment can be enforced by execution in the country of the original Court, or what interest is payable under a foreign judgment under the law of the original Court, that question shall be determined in accordance with the provisions in that behalf contained in the Order extending that Act to that country.
12. Rules to have effect subject to orders of the Government. (O. 67 r. 12)
The foregoing rules shall, in relation to any judgment registered or sought to be registered under the Act, have effect subject to any such provisions contained in the Order extending that Act to the country of the original Court as are declared by the Order to be necessary for giving effect to the agreement made between the Government and that country in relation to matters with respect to which there is power to make those rules.
13. Certified copy of High Court judgment. (O. 67 r. 13)
(1) An application under section 10 of the Act for a certified copy of a judgment entered in the High Court must be made ex parte by summons to the Registrar supported by affidavit.
(2) The affidavit in support of the application under section 10 of the Act must give particulars of the judgment, show that the judgment debtor is resident in the territory to which that Act extends and state the name, trade or business and the usual or last known place of abode of the judgment creditor and the judgment debtor respectively, so far as known to the deponent.
(3) The affidavit in support of the application under section 10 of the Act must–
(a) give particulars of the proceedings in which the judgment was obtained;
(b) have annexed to it a copy of the writ or originating summons by which the proceedings were begun, the evidence of service thereof on, or appearance by, the defendant, copies of the pleadings, if any, and a statement of the grounds on which the judgment was based;
(c) state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds;
(d) show that the judgment is not subject to any stay of execution;
(e) state that the time for appealing has expired or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been entered; and
(f) state the rate at which the judgment carries interest.
(4) The certified copy of the judgment shall be an office copy sealed with the seal of the High Court and indorsed with a certificate in Form 146 signed by the Registrar certifying that the copy is a true copy of a judgment obtained in the High Court in Malaysia and that it is issued in accordance with section 4 of the Act or section 10 as the case may be.
(5) Where the application is made under section 10 of the Act, there shall also be issued a certificate in Form 147 (signed by the Registrar and sealed with the seal of the High Court) having annexed to it a copy of the writ or originating summons by which the proceedings were begun, and stating–
(a) the manner in which the writ or such summons was served on the defendant or that the defendant appeared thereto;
(b) what objections, if any, were made to the jurisdiction;
(c) what pleadings, if any, were served;
(d) the grounds on which the judgment was based;
(e) that the time for appealing has expired or, as the case may be, the date on which it will expire;
(f) whether notice of appeal against the judgment has been entered; and
(g) such other particulars as it may be necessary to give to the Court in the foreign country in which it is sought to obtain execution of the judgment,
and a certificate (signed and sealed as aforesaid) stating the rate at which the judgment carries interest.
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