MALAYSIA Law and Practice Contributed by: Dhinesh Bhaskaran, Rabindra Nathan, Shanti Mogan and Lai Wai Fong, Shearn Delamore & Co
• exhibits the judgment or a verified, certified or 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 affida- vit; • states the name, trade or business and the usual or last known address of the judgment creditor and the judgment debtor respec- tively; • states to the best of the information or belief of the deponent that: (a) the judgment creditor is entitled to enforce the judgment; (b) either at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied; (c) the judgment does not fall within any of the cases in which a judgment may not be ordered to be registered under the Act; and (d) at the date of the application the judg- ment can be enforced by execution in the country of the original court and, if it were registered, the registration would not be liable to be set aside under the Act; • specifies 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; and • where the sum payable under the judgment is expressed in a currency other than the cur- rency of Malaysia, states the amount which that sum represents in the currency of Malay- sia calculated at the rate of exchange prevail- ing at the date of the judgment. See Order 67 Rule 3 of the Rules of Court 2012. The application may be resisted on the following grounds:
• the judgment is not from a reciprocating country or was registered in contravention of the Act; • the courts of the country of the original court had no jurisdiction in the circumstances of the case; • the judgment debtor did not receive notice of the proceedings in sufficient time to enable them to defend the proceedings and did not appear; • the judgment was obtained by fraud; • enforcement of the judgment would be con- trary to public policy in Malaysia; • the rights under the judgment are not vested in the person by whom the application for registration was made; and • the court is satisfied that the matter in dispute in the proceedings in the original court had previously to the date of the judgment been the subject of a final and conclusive judgment by a court having jurisdiction in the matter. See Section 5 of the Act. In other cases falling outside the scope of the Act, an action has to be filed on the judgment at common law. The judgment creditor will nor- mally apply for summary judgment, relying on the foreign judgment as proof of the debt. The defences available against the suit are that the foreign court had no jurisdiction, the judgment was obtained by fraud, the judgment would be contrary to public policy, and the proceedings in which the judgment was obtained were opposed to natural justice. See Hua Daily News Bhd v Tan Chien Chin & Ors [1985] 1 LNS 131.
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