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Consolidated Acts of Samoa 1996 |
LAWS OF WESTERN SAMOA
RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT 1970
ANALYSIS
Title
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
RECIPROCAL ENFORCEMENT OF JUDGMENTS
3. Application of this Part of Act
4. Application for, and effort of, registration of judgment
5. Rules of Court
6. Cases in which registered judgments must, or may, be set aside
7. Powers of Supreme Court on application to set aside registration
8. Judgments which can be registered under this Act not to be enforceable otherwise
PART III
MISCELLANEOUS AND GENERAL
9. General effect of judgments given by superior Courts outside Western Samoa
10. Power to make judgments unenforceable in Western Samoa if no reciprocity
11. Issue of certificates of judgments obtained in Western Samoa.
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RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT 1970
1970, No. 5
An Act to make provision for the enforcement in Western Samoa of superior Court judgments given in foreign countries which afford reciprocal treatment to superior Court judgments given in Western Samoa, for facilitating the enforcement in foreign countries of such judgments given in Western Samoa, and for other purposes in connection with the matters aforesaid
[14 August 1970
PART I
PRELIMINARY
1. Short title - This Act may be cited as the Reciprocal Enforcement of Judgments Act 1970.
As to exemptions from legal processes of the operations and personnel of the International Development Association, the International Bank for Reconstruction and Development, the International Finance Corporation and the International Monetary Fund, see s. 9 of the International Finance Agreements Act 1971.
As to maintenance orders made in the Territory of Papua and New Guinea, see a notice dated 25 February 1963 in 1963 Western Samoa Gazette, p. 133.
As to New Zealand, see the Reciprocal Enforcement of Judgments (Western Samoa) Order 1971 (N.Z.S.R. 1971/124).
2. Interpretation - (1) In this Act, unless the context otherwise requires, -
"Appeal" includes any proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution:
"Country" and "foreign country" includes every member of the Commonwealth of Nations, and every territory for whose international relations the Government of any such member is responsible:
"Country of the original Court" means the country in which the original Court is situated:
"Head of State" means the Head of State, acting on the advice of the Prime Minister:
"Judgment" means a judgment or order given or made, whether before or after the passing of this Act, by a Court in any civil proceedings, or by a Court in any criminal proceedings, for the payment of a sum of money in respect of compensation or damages to an injured party; and includes an award in proceedings on an arbitration (not being a foreign award within the meaning of Part II of the Arbitration Clauses (Protocol) and the Arbitration (Foreign Awards) Act 1933 (New Zealand)) 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:
"Judgment creditor" means the person in whose favour the judgment was given, and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise:
"Judgment debtor" means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable under the law of the original Court:
"Judgments given in the superior Courts of Western Samoa" means judgments given in the Supreme Court and the Court of Appeal; and includes judgments given in the Court of Appeal on appeal against judgments given in the Supreme Court; and also includes judgments that have become enforceable as judgments of the Supreme Court though not given therein:
"Original Court", in relation to any judgment, means the Court by which the judgment was given:
"Prescribed" means prescribed by rules of Court:
"Registration" means registration under Part II of this Act, and the expressions "register" and "registered" shall be construed accordingly:
"Supreme Court" means the Supreme Court of Western Samoa.
(2) For the purposes of this Act the expression "action in personam" shall not be deemed to include any matrimonial cause or any proceedings in connection with any of the following matters-that is to say, matrimonial matters, administration of the estates of deceased persons, bankruptcy, winding up of companies, lunacy and guardianship of infants.
Cf. 1934, No. 11, s. 2 (N.Z.)
"Judgment": The Arbitration Clauses (Protocol) and Arbitration (Foreign Awards) Act 1933 (N.Z.) was repealed by s. 33 (1) of the Arbitration Act 1976.
PART II
RECIPROCAL ENFORCEMENT OF JUDGMENTS
3. Application of this Part of Act - (1) If the Head of State is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to judgments given in the superior Courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of judgments given in the superior Courts of Western Samoa, he may by Order direct -
(a) That this Part of this Act shall extend to that foreign country; and
(b) That such Courts as are specified in the Order shall, for the purposes of this Part of this Act, be deemed superior Courts of that foreign country.
(2) Any judgment of a superior Court of a country to which this Part of this Act extends shall be a judgment to which this Part of this Act applies, if -
(a) It is final and conclusive as between the parties thereto; and
(b) There is payable thereunder a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty.
(3) For the purposes of this section a judgment shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the Courts of the country of the original Court.
(4) The Head of State may by a subsequent Order vary or revoke any Order previously made under this section.
(5) A copy of the Western Samoa Gazette or the Savali purporting to contain a copy of an Order under this section, or a copy of such an Order printed and published pursuant to the provisions of the Regulations Ordinance 1953, shall be conclusive evidence of the validity, contents, making and publication of such Order and of the fulfilment of all conditions precedent to the valid making thereof.
Cf. 1934, No. 11, s. 3 (N.Z.)
As to subss. (1) and (4), see Article 26 (1) of the Constitution which provides that the Head of State shall act on the advice of the authorities therein mentioned.
4. Application for, and effect of, registration of judgment - (1) A person, being a judgment creditor under a judgment to which this Part of this Act applies, may apply to the Supreme Court at any time within 6 years after the date of the judgment, or, where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings, to have the judgment registered in the Supreme Court, and on any such application the Supreme Court shall, subject to proof of the prescribed matters and to the other provisions of this Act, order the judgment to be registered:
Provided that a judgment shall not be registered if at the date of the application -
(a) It has been wholly satisfied; or
(b) It could not be enforced by execution in the country of the original Court.
(2) Subject to the provisions of this Act with respect to the setting aside of registration, -
(a) A registered judgment shall, for the purposes of execution, be of the same force and effect; and
(b) Proceedings may be taken on a registered judgment; and
(c) The sum for which a judgment is registered shall carry interest; and
(d) The Supreme Court shall have the same control over the execution of a registered judgment -
as if the judgment had been a judgment originally given in the Supreme Court and entered on the date of registration:
Provided that execution shall not issue on the judgment so long as, under this Part of this Act and the rules of Court made thereunder, it is competent for any party to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.
(3) Where the sum payable under a judgment which is to be registered is expressed in a currency other than the currency of Western Samoa, the judgment shall be registered as if it were a judgment for such sum in the currency of Western Samoa as, on the basis of the rate of exchange prevailing at the date of the judgment of the original Court, is equivalent to the sum so payable.
(4) If at the date of the application for registration the judgment of the original Court has been partly satisfied, the judgment shall not be registered in respect of the whole sum payable under the judgment of the original Court, but only in respect of the balance remaining payable at that date.
(5) If, on an application for the registration of a judgment, it appears to the Supreme Court that the judgment is in respect of different matters and that 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 judgment may be registered in respect of the provisions aforesaid but not in respect of any other provisions contained therein.
(6) In addition to the sum of money payable under the judgment of the original Court, including any interest which by the law of the country of the original Court becomes due under the judgment up to the time of registration, the judgment shall be registered for the reasonable costs, -
(a) Of obtaining a certified copy of the judgment from the original Court; and
(b) Otherwise of and incidental to registration.
Cf. 1934, No. 11, s. 4 (N.Z.)
5. Rules of Court - (1) The power to make rules of Court under section 40 of the Judicature Ordinance 1961 shall, subject to the provisions of this section, include power to make rules for the following purposes:
(a) For making provision with respect to the giving of security for costs by persons applying for the registration of judgments:
(b) For prescribing the matters to be proved on an application for the registration of a judgment and for regulating the mode of proving those matters:
(c) For providing for the service on the judgment debtor of notice of the registration of a judgment:
(d) For making provision with respect to the fixing of the period within which an application may be made to have the registration of a judgment set aside and with respect to the extension of the period so fixed:
(e) For prescribing the method by which it is to be determined whether a judgment given in any foreign country to which this Part of this Act extends can be enforced by execution in the country of the original Court, or what interest is payable under any judgment under the law of the original Court:
(f) For prescribing any matter which under this Part of this Act is to be prescribed.
(2) Rules made for the purposes of this Part of this Act shall be expressed to have, and shall have, effect subject to any provisions contained in Orders made under section 3 of this Act relating to any of the purposes set out in subsection (1) of this section.
Cf. 1934, No. 11 s. 5 (N.Z.)
6. Cases in which registered judgments must, or may, be set aside - (1) On an application in that behalf duly made by any party against whom a registered judgment may be enforced, the registration of the judgment shall be set aside if the Supreme Court is satisfied -
(a) That the judgment is not a judgment to which this Part of this Act applies, or was registered in contravention of the foregoing provisions of this Act; or
(b) That the Courts of the country of the original Court had no jurisdiction in the circumstances of the case; or
(c) That the judgment debtor, being the defendant in the proceedings in the original Court, did not (notwithstanding that process may have been duly served on him in accordance with the law of the country of the original Court) receive notice of those proceedings in sufficient time to enable him to defend the proceedings and did not appear; or
(d) That the judgment was obtained by fraud; or
(e) That the enforcement of the judgment would be contrary to public policy in Western Samoa; or
(f) That the rights under the judgment are not vested in the person by whom the application for registration was made.
(2) On an application in that behalf duly made by any party against whom a registered judgment may be enforced, the registration of the judgment may be set aside if the Supreme Court is satisfied that the matter in dispute in the proceedings in the original Court had previously to the date of judgment in the original Court been the subject of a final and conclusive judgment by a Court having jurisdiction in the matter.
(3) For the purposes of this section the Courts of the country of the original Court shall, subject to the provisions of subsection (4) of this section, be deemed to have had jurisdiction -
(a) In the case of a judgment given in an action in personam -
(i) If the judgment debtor, being a defendant in the original Court, submitted to the jurisdiction of that Court by voluntarily appearing in the proceedings otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure, in the proceedings, or of contesting the jurisdiction of that Court; or
(ii) If the judgment debtor was a plaintiff in, or counterclaimed in, the proceedings in the original Court; or
(iii) If the judgment debtor, being a defendant in the original Court, had before the commencement of the proceedings agreed, in respect of the subject-matter of the proceedings, to submit to the jurisdiction of that Court or of the Courts of the country of that Court; or
(iv) If the judgment debtor, being a defendant in the original Court, was at the time when the proceedings were instituted resident in, or being a body corporate had its principal place of business in, the country of that Court; or
(v) If the judgment debtor, being a defendant in the original Court, had an office or place of business in the country of that Court and the proceedings in that Court were in respect of a transaction effected through or at that office or place:
(b) In the case of a judgment given in an action of which the subject-matter was immovable property or in an action in rem of which the subject-matter was movable property, if the property in question was at the time of the proceedings in the original Court situate in the country of that Court:
(c) In the case of a judgment given in an action other than any such action as is mentioned in paragraph (a) or (b) of this subsection, if the jurisdiction of the original Court is recognised by the law of the registering Court.
(4) Notwithstanding anything in subsection (3) of this section, the Courts of the country of the original Court shall not be deemed to have had jurisdiction -
(a) If the subject-matter of the proceedings was immovable property outside the country of the original Court; or
(b) Except in the cases mentioned in subparagraph (i), (ii), and (iii), of paragraph (a) and in paragraph (c) of subsection (3) of this section, if the bringing of the proceedings in the original Court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the Courts of the country of that Court; or
(c) If the judgment debtor, being a defendant in the original proceedings, was a person who under the rules of public international law was entitled to immunity from the jurisdiction of the Courts of the country of the original Court and did not submit to the jurisdiction of that Court.
Cf. 1934, No. 11, s. 6 (N.Z.)
7. Powers of Supreme Court on application to set aside registration - (1) If, on an application to set aside the registration of a judgment, the applicant satisfies the Supreme Court either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment, the Court may, if it thinks fit and on such terms as it thinks just, either set aside the registration or adjourn the application to set aside the registration until after the expiration of such period as appears to the Supreme Court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by a competent tribunal.
(2) Where the registration of a judgment is set aside under subsection (1) of this section, or solely for the reason that the judgment was not at the date of the application for registration enforceable by execution in the country of the original Court, the setting aside of the registration shall not prejudice a further application to register the judgment when the appeal has been disposed of or if and when the judgment becomes enforceable by execution in that country, as the case may be.
(3) Where the registration of a judgment is set aside solely for the reason that the judgment, notwithstanding that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable thereunder, the Supreme Court shall, on the application of the judgment creditor, order the judgment to be registered for the balance remaining payable at that date.
Cf. 1934, No. 11, s. 7 (N.Z.)
8. Judgments which can be registered under this Act not to be enforceable otherwise - No proceedings for the recovery of a sum payable under a judgment to which this Part of this Act applies, other than proceedings by way of registration of the judgment, shall be entertained by any Court in Western Samoa.
Cf. 1934, No. 11, s. 8 (N.Z.)
PART III
MISCELLANEOUS AND GENERAL
9. General effect of judgments given by superior Courts outside Western Samoa - (1) Subject to the provisions of this section, a judgment to which Part II of this Act applies or would have applied if a sum of money had been payable thereunder, whether it can be registered or not, and whether, if it can be registered, it is registered or not, shall be recognised in any Court in Western Samoa 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 counter-claim in any such proceedings.
(2) This section shall not apply in the case of any judgment -
(a) Where the judgment has been registered and the registration thereof has been set aside on some ground other than -
(i) That a sum of money was not payable under the judgment; or
(ii) That the judgment had been wholly or partly satisfied; or
(iii) That at the date of the application the judgment could not be enforced by execution in the country of the original Court; or
(b) Where the judgment has not been registered, and 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) of this subsection.
(3) Nothing in this section shall be taken to prevent any Court in Western Samoa recognising any judgment 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.
Cf. 1934, No. 11, s. 9 (N.Z.)
10. Power to make judgments unenforceable in Western Samoa if no reciprocity - (1) If it appears to the Head of State that the treatment in respect of recognition and enforcement accorded by the Courts of any foreign country to judgments given in any superior Court of Western Samoa is substantially less favourable than that accorded by the Courts of Western Samoa to judgments of the superior Courts of that country, the Head of State may by Order apply this section to that country.
(2) Except in so far as the Head of State may by Order under this section otherwise direct, no proceedings shall be entertained in any Court in Western Samoa for the recovery of any sum alleged to be payable under a judgment given in a Court of a country to which this section applies.
(3) The Head of' State may by a subsequent Order vary or revoke any Order previously made under this section.
Cf. 1934, No. 11, s. 10 (N. Z.)
11. Issue of certificates of judgments obtained in Western Samoa - Where a judgment under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, has been entered in the Supreme Court against any person and the judgment creditor is desirous of enforcing the judgment in any country to which Part II of this Act applies, the Court shall, on an application made by the judgment creditor and on payment of any fee fixed by rules of Court for the purposes of this section, issue to the judgment creditor a certified copy of the judgment, together with a certificate containing such particulars with respect to the action including the causes of action and the rate of interest, if any, payable on the sum payable under the judgment, as may be prescribed:
Provided that, where execution of a judgment is stayed for any period pending an appeal or for any other reason, an application made under this section with respect to the judgment shall not be granted until the expiration of that period.
Cf. 1934, No. 11, s. 11 (N.Z.)
The Reciprocal Enforcement of Judgments Act 1970 is administered in the Department of Justice.
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REGULATIONS APPLYING TO RECIPROCAL ENFORCEMENT OF JUDGMENTS
Reciprocal Enforcement of Judgments Rules 1971 (W.S.R. 1971/9)
Order (1971) Under the Reciprocal Enforcement of Judgments Act 1970 (W.S.R. 1971/13)
Order (1972) Under the Reciprocal Enforcement of Judgments Act 1970 (W.S.R. 1972/8)
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THE RECIPROCAL ENFORCEMENT OF JUDGMENTS RULES 1971
HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE
At the Government House at Apia this 18th day of May 1971
PURSUANT to the Reciprocal Enforcement of Judgments Act 1970, the Head of State, acting on the advice of the Prime Minister, and with the concurrence of the Rules Committee constituted by and under section 40 of the Judicature Ordinance 1961, hereby makes the following rules.
ANALYSIS
1. Title
2. Commencement
3. Rules to have effect subject to the Order by the Head of State
4. Interpretation
5. Court of filing
6. Application to be by motion
7. Application ex parte or on notice
8. Supporting evidence
9. Foreign notice of authentication of judgment to be exhibited
10. Judicial notice of authentication of judgment
11. Evidence of rate of exchange
12. Evidence of right to registration.
13. Partial registration
14. Further evidence
15. Security for costs
16. Order on application for registration
17. Time for setting aside registration
18. Register of judgments
19. Date of registration
20. Notice of registration
21. Contents of notice of registration
22. Application to set aside registration
23. Issue of execution
24. Form of process of execution
25. Determination of certain questions
26. Certified copy of Western Samoa judgments
27. Fees
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RULES
1. Title – These rules may be cited as the Reciprocal Enforcement of Judgment Rules 1971.
These Rules where gazetted on 19 May 1971, Vol. VI, No. 2, p.150.
2. Commencement - These rules shall come into force on the day on which they are made.
3. Rules to have effect subject to Order by Head of State - These rules shall have effect subject to any such provisions contained in Orders made by the Head of State under section 3 of the Act as are declared by the said Orders to be necessary for giving effect to any agreement made by or on behalf of the Government of Western Samoa in relation to matters with respect to which there is power to make rules of Court for the purposes of Part II of the Act.
Cf. 1934, r. 3 (N.Z.) (as published in 1935 N.Z. Gazette, p. 3600)
4. Interpretation - In these rules, unless the context otherwise requires, -
"The Act" means the Reciprocal Enforcement of Judgments Act 1970:
"Application for registration" means an application made under section 4 of the Act:
"Foreign judgment" means any judgment to which, pursuant to section 3 of the Act, Part II of the Act for the time being applies.
Expressions used in these rules shall have the same meanings as in the Act.
Cf. 1934, r. 4 (N.Z.)
5. Court of filing - Every application for registration shall be filed in the office of the Supreme Court in Apia.
Cf. 1934, r. 5 (N.Z.)
6. Application to be by motion - Every application for registration shall be made by motion to the Court and shall be subject to the provisions of these rules.
Cf. 1934, r. 6 (N.Z.)
7. Application ex parte or on notice - An application for registration may be made ex parte or on notice to the judgment debtor, but if made in the first instance ex parte the Court may order notice thereof to be given to the judgment debtor in such manner as the Court thinks fit.
Cf. 1934, r. 7 (N.Z.)
8. Supporting evidence - Every application for registration shall be supported by one or more affidavits comprising the matters hereinafter prescribed.
Cf. 1934, r. 9 (N.Z.)
9. Foreign judgment to be exhibited - An affidavit shall be filed exhibiting the foreign judgment or a verified or certified or otherwise duly authenticated copy thereof, and if the judgment is in a language other than English, exhibiting also a translation thereof into English; and an affidavit by a person qualified as a translator shall be filed verifying such translation.
Cf. 1934, r. 10 (N.Z.)
10. Judicial notice of authentication of judgment - Judicial notice shall be taken of any seal or signature by which a copy of a foreign judgment is verified and which purports to be the seal of the Court in which the judgment was given or of a Judge thereof or of a Registrar or similar officer thereof, or (as the case may be), which purports to be the signature of a judge or of a Registrar or similar officer of the Court in which the judgment was given.
Cf. 1934, r. 11 (N.Z.)
11. Evidence of rate of exchange - An affidavit shall be filed stating –
(a) The rate of exchange prevailing at the date of the foreign judgment between Western Samoa currency and the currency in which the sum payable under the judgment is expressed:
(b) The amount which the sum payable under the foreign judgment represents in Western Samoa currency calculated at the rate aforesaid:
(c) The rate of interest, if any, carried by the foreign judgment by the law of the country under which it was given:
(d) The amount of interest which by the law of the country of the original Court will have become due under the judgment up to the time of registration, such amount being expressed in terms of Western Samoa currency:
(e) The rate of exchange prevailing at the date of filing the documents comprising the application for registration.
Cf. 1934, r. 12 (N.Z.)
12. Evidence of right to registration - An affidavit shall be filed stating to the best of the information and belief of the deponent –
(a) That the applicant is entitled to enforce the judgment:
(b) As the case may require, either that at the date of the application the judgment has not been satisfied, or if the judgment has been satisfied in part what the amount is in respect of which it remains unsatisfied:
(c) That at the date of application the judgment can be enforced by execution in the country of the original Court;
(d) That if the judgment were registered the registration would not be or be liable to be set aside under section 6 of the Act:
(e) The full name, title, trade, or business, and the usual or lastknown place of abode or of business of the judgment creditor and the judgment debtor respectively:
(f) The means of information and belief of the deponent as to the matters deposed to.
Cf. 1934, r. 13 (N.Z.)
13. Partial registration - Where a judgment 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, an affidavit shall be filed, stating the provisions in respect of which it is sought to register the judgment.
Cf. 1934, r. 14 (N.Z.)
14. Further evidence - The application for registration shall be accompanied by such other evidence with respect to the matters referred to in paragraph (c) of rule 11 hereof and paragraph (c) of rule 12 hereof as may be required having regard to the provisions of any Order extending the Act to the country of the original Court.
Cf. 1934, r. 15 (N.Z.)
15. Security for costs - Save as otherwise provided by any relevant Order the Court may, in respect of an application for registration, order the judgment creditor to deposit with the Court such sum of money considered adequate as security for costs of the application and of any proceedings which may thereafter be brought to set aside registration.
Cf. 1934, r. 16 (N.Z.)
16. Order on application for registration - (1) An order giving leave to register a judgment shall be drawn up by, or on behalf of, the judgment creditor.
(2) No such order shall require to be served on the judgment debtor.
(3) Every such order shall state the period, being a period to be computed from the date of service of notice of registration, 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.
(4) 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, grant an extension of the period (either as originally fixed or as subsequently extended) during which an application to have the judgment set aside may be made.
Cf. 1934, r. 17 (N.Z.)
17. Time for setting aside registration - Unless the Court shall otherwise order, the period within which an application may be made to set aside the registration shall –
(a) If the judgment debtor is resident in Western Samoa, be 28 days:
(b) If the judgment debtor is not resident in Western Samoa, be such time as the Court shall fix in the particular case.
Cf. 1934, r. 18 (N.Z.)
18. Register of judgments - The registration of every judgment ordered to be registered under the Act shall be effected by entry of particulars in an appropriate record book kept by the Registrar.
Cf. 1934, r. 19 (N.Z.)
19. Date of registration - Unless the Court otherwise orders, both the order for registration and the registration shall be deemed to be of the date when the documents comprising the application for registration were filed in the Court.
Cf. 1934, r. 20 (N.Z.)
20. Notice of registration - Notice in writing of the registration of a judgment must be served on the judgment debtor –
(a) If within Western Samoa, by personal service, unless some other mode of service is ordered by the Court:
(b) If out of Western Samoa, as ordered by the Court.
Cf. 1934, r. 21 (N.Z.)
21. Contents of notice of registration - The notice of registration shall state -
(a) Full particulars of the judgment registered and the order for registration and of any special directions contained therein; and
(b) Whether the notice is issued by the judgment creditor or by a solicitor on his behalf; and
(c) An address for service at which any summons, motion, or other written communication from the judgment debtor may be served; and
(d) The right of the judgment debtor to apply on the grounds appearing in the Act to have the registration set aside:
Provided that it shall not be necessary to set out in terms the grounds so appearing; and
(e) In accordance with the terms of the order giving leave to register, within what time from the date of service of the notice an application to set aside may be made.
Cf. 1934, r. 22 (N.Z.)
22. Application to set aside registration - (1) An application to set aside the registration of a judgment shall be made by motion to the Court supported by affidavit.
(2) On any such application the Court may direct that an issue between the judgment creditor and the judgment debtor shall be stated and tried and may give such directions in relation to the trial of such issue as may be necessary.
Cf. 1934, r. 23 (N.Z.)
23. Issue of execution - (1) Execution shall not issue on a registered judgment until after the expiration of the period which, in accordance with the provisions of rule 16 (3) of these rules, is specified in the order giving leave to register as the period within which an application may be made to set aside the registration, or, if an order is made extending the period so specified, until after the expiration of the extended period.
(2) If an application is made to set aside the registration of a judgment, execution shall not issue until such application has been disposed of.
(3) The party desirous of issuing an execution upon a registered judgment shall produce to the proper officer an affidavit of the service of the notice of registration.
Cf. 1934, r. 24 (N.Z.)
24. Form of process of execution - Any process of execution on a judgment registered under the Act shall be varied by describing thus the sum recovered: "which ........ of ........ has recovered against him in (describing the Court in which the judgment was obtained) by virtue of a judgment bearing date the ............ day of .............. 19.... and which judgment has been duly registered in our Supreme Court of Western Samoa pursuant to Part 11 of the Reciprocal Enforcement of Judgments Act 1970".
Cf. 1934, r. 25 (N.Z.)
25. Determination of certain questions - If, whether under the Act or under these rules, any question arises whether a judgment given in any country to which Part II of the Act extends can be enforced by execution in the country of the original Court, or what interest is payable under any judgment under the law of that country, that question shall be determined in accordance with such provisions, if any, in that behalf as are contained in the order extending the Act to that country.
Cf. 1934, r. 26 (N.Z.)
26. Certified copy of Western Samoa judgments - (1) An application under section 11 of the Act for a certified copy of a judgment entered in the Supreme Court shall be made ex parte by motion filed in the office of the Court, and shall be supported by an affidavit made by the judgment creditor or his solicitor.
(2) An affidavit for the purposes of this rule shall –
(a) Give particulars of the proceedings in which the judgment was obtained; and
(b) Have annexed to it a copy of the summons or the originating summons or other process by which the proceedings were instituted, the evidence of service thereof upon, or appearance by, the defendant, copies of the pleadings, if any, in the proceedings, such respective copies and evidence being verified as such by the person making the affidavit; and
(c) Contain a statement of the grounds on which the judgment was based; and
(d) State whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds; and
(e) Show that the judgment is not subject to any stay of execution and that no notice of appeal against it has been entered, and whether the time for appealing has expired; and
(f) State the rate at which the judgment carries interest.
(3) Where an application for a certified copy of a judgment duly made under this rule is granted, it shall not be necessary to prepare, seal, or take out any formal order in that behalf, but there shall be prepared by the applicant and issued a copy of the judgment sealed with the seal of the Supreme Court and certified by the Registrar of the Supreme Court as follows:
"I certify that the above copy judgment is a true copy of a judgment entered in the Supreme Court of Western Samoa and this copy is issued in accordance with section 11 of the Reciprocal Enforcement of Judgments Act 1970.
Signed:
Registrar of the Supreme Court of
Western Samoa, at Apia."
together with the following further certificates also under the seal of the Supreme Court and certified by the Registrar:
(a) A certificate giving particulars of the proceedings in which the judgment was obtained and having annexed to it a copy of the summons, or originating summons, or other process, by which the proceedings were served on the defendant, or that the defendant appeared thereto, and the objections made to the jurisdiction, if any, the pleadings, if any, in the proceedings, a statement of the grounds on which the judgment was based, and such other particulars as it may be necessary to give to the tribunal in which it is sought to obtain execution of the judgment:
(b) A certificate stating the rate at which judgment carries interest.
(4) In giving a certificate under subclause (3) of this rule the Registrar may act on the faith of an affidavit made pursuant to subclause (1) of this rule and setting out or having annexed thereto the matters and documents presented by subclause (2) of this rule.
Cf. 1934, r. 27 (N.Z.)
27. Fees - In all proceedings under these rules the costs allowable and fees payable shall be those prescribed for the like matters in the First Schedule (for Civil Proceedings) and the Second Schedule to The Supreme Court (Fees and Costs) Rules 1971.
Cf. 1934, r. 23 (N.Z.)
MALIETOA TANUMAFILI II,
Head of State
_________
AN ORDER (1971) UNDER THE RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT 1970
PURSUANT to section 3 in Part II of the Reciprocal Enforcement of Judgments Act 1970, I, MALIETOA TANUMAFILI II, Head of State, acting on the advice of the Prime Minister, and being satisfied that, in the event of the benefits conferred by the said Part II being extended to judgments given in the superior Courts of New Zealand, substantial reciprocity of treatment will be assured as respects the enforcement in New Zealand of judgments given in the superior Courts of Western Samoa, DO HEREBY ORDER AND DIRECT, -
(a) That Part II of the Reciprocal Enforcement of Judgments Act 1970 shall extend to New Zealand; and
(b) That the Judicial Committee of the Privy Council, the Court of Appeal of New Zealand and the Supreme Court of New Zealand shall, for the purposes of the said Part II, be deemed superior Courts of New Zealand.
Dated at Apia this 30th day of August 1971.
MALIETOA TANUMAFILI II,
Head of State.
This Order was gazetted on 20 December 1971, Vol. VI, No. 3, p. 195.
_________
AN ORDER (1972) UNDER THE RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT 1970
PURSUANT to section 3 in Part II of the Reciprocal Enforcement of Judgments Act 1970, I, MALIETOA TANUMAFILI II, Head of State, acting on the advice of the Prime Minister, and being satisfied that, in the event of the benefits conferred by the said Part II being extended to judgments given in the superior Courts of Western Australia, substantial reciprocity of treatment will be assured as respects the enforcement in Western Australia of judgments given in the superior Courts of Western Samoa, DO HEREBY ORDER AND DIRECT, -
(a) That Part II of the Reciprocal Enforcement of judgments Act 1970 shall extend to Western Australia; and
(b) That the Supreme Court of Western Australia and any Court exercising appellate jurisdiction therefrom shall, for the purposes of the said Part II, be deemed superior Courts of Western Australia.
Dated at Apia this 24th day of August 1972.
MALIETOA TANUMAFILI II,
Head of State
This Order was gazetted on 14 November 1972, Vol. V1, No. 7, p. 359.
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