Section 9
of Reciprocal Enforcement of Foreign Judgments Act
Section 9
(1)
Subject to this section, a judgment to which this Act applies or would have applied if a sum of money had been payable thereunder, whether or not it can be or is registered, shall be recognised in any court in Brunei
Darussalam as conclusive between the parties thereto in all proceedings founded on the same cause of action and may be relied on by way.of defence or counterclaim in any such proceedings.
(2)
This section shall not apply in the case of anyjudgment-
(a)
where the judgment has been registered and the registration thereof has been set aside on some ground other than that -
(i)
a sum of money was not payable under thejudgment;
(ii)
thejudgment had been wholly or partly satisfied; or
BLR.D.
1/2000
12
Reciprocal Enforcement of
Foreign Judgments 2000 Ed.
(iii)
at the date of the application thejudgment could not be enforced by execution in the country of the original court; or
(b)
where the judgment has not been registered, it is shown
(whether it could have been registered or not) that if it had been registered, the registration thereof would have been set aside on an application for that purpose on some ground other than one of the grounds specified in paragraph (a).
(3)
Nothing in this section shall be taken to prevent any court in
Brunei Darussalam recognising anyjudgment as conclusive of any matter of law or fact decided therein if that judgment would have been so recognised before the passing of this Act.
Power to make foreign judgments unenforceable in Brunei Darussalam if no reciprocity.