- Laws of Fiji

Last Updated: 13 January 1967

[FJR 9] Power to apply Part 2 to Commonwealth territories9

(1) The President may by proclamation direct that this Part shall apply to any country or territory of the Commonwealth outside Fiji and to judgments obtained in the courts of such countries or territories as it applies to foreign countries and judgments obtained in the courts of foreign countries, and, in the event of the President so directing, this Act shall have effect accordingly and the Reciprocal Enforcement of Judgments Act 1922 shall cease to have effect except in relation to those parts of such countries and territories to which it extends at the date of the proclamation.

[subs (1) am Ordinance 37 of 1966 s 11, effective 13 January 1967]

(2) If, at any time after the President has directed as aforesaid, a proclamation is made under section 3 extending Part 2 to any country or territory of the Commonwealth to which the Reciprocal Enforcement of Judgments Act 1922 extends as aforesaid, the said Act shall cease to have effect in relation to such countries or territories.

[subs (2) am Ordinance 23 of 1959 s 2, effective 25 June 1959; Ordinance 37 of 1966 s 11, effective 13 January 1967]

(3) Where a proclamation is made under subsection (2) extending Part 2 to any country or territory of the Commonwealth to which the Reciprocal Enforcement of Judgments Act 1922 extends, Part 2 shall, in relation to such country or territory, have effect as if—

(a)the expression “judgment” included an award in proceedings on an arbitration if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place;
(b)the fact that a judgment was given before the coming into operation of the proclamation did not prevent it from being a judgment to which Part 2 applies, but the time limited for the registration of a judgment were, in the case of a judgment so given, 12 months from the date of the judgment or such longer period as may be allowed by the High Court;
(c)any judgment registered in the High Court under the Reciprocal Enforcement of Judgments Act 1922 before the coming into operation of the proclamation had been registered in that Court under Part 2 and anything done in relation thereto under the Reciprocal Enforcement of Judgments Act 1922 or any rules of court or other provisions applicable to that Act had been done under Part 2 or the corresponding rules of court or other provisions applicable to Part 2.

[subs (3) am Ordinance 23 of 1959 s 2, effective 25 June 1959; Ordinance 37 of 1966 s 11, effective 13 January 1967]

(4) For the purposes of this section, a country or territory of the Commonwealth includes British protectorates and territories in respect of which Her Majesty has entered into a trusteeship agreement.

[subs (4) subst Ordinance 37 of 1966 s 11, effective 13 January 1967]