Commonwealth Consolidated Regulations

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PROTECTION OF THE SEA (1992 FUND) REGULATIONS 1994 - REG 17

Power of Court to set aside regist ered judgment

  (1)   If, on application to set aside the registration of a judgment, it appears to the Court that registration of the judgment may be set aside only because at the date of application for registration:

  (a)   the judgment was not enforceable in the country in which the original court is situated; or

  (b)   the judgment was subject to an ordinary form of review under the law of the country in which the original court is situated;

the Court may, instead of setting aside the registration of the judgment, order a stay of execution on the judgment on such terms as it thinks just.

  (2)   If the registration of a judgment is set aside only because part of the sum in respect of which the judgment was registered had, at the date of the application for registration of the judgment, been paid, the Court must, on the application of the judgment creditor, order the judgment to be registered for the balance remaining payable at the date of the last - mentioned application.

  (3)   If the registration of a judgment is set aside only because the judgment was registered in respect of proceedings for compensation for pollution damage and for other matters, the Court must, on the application of the judgment creditor, order the judgment to be registered only in respect of the provisions of the judgment that relate to compensation for pollution damage.


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