Marine Liability Act

Marginal note:Registration of foreign judgment

• 82 (1) If a foreign judgment is rendered, the judgment creditor may, at any time during which it is enforceable under the law of the state in which it is rendered, apply to the Admiralty Court in accordance with its rules to have the foreign judgment registered in that Court.

• Marginal note:Court may register foreign judgment

  (2) The Admiralty Court may, subject to subsections (3) and (4) and section 85, order the registration of the foreign judgment if it is satisfied

  • (a) that a case for registration has been made; and

  • (b) that the foreign judgment is not under appeal and is no longer subject to appeal under the law of the state in which it was rendered.

• Marginal note:If judgment debtor appears

  (3) If, in accordance with the Admiralty Court’s rules, the judgment debtor appears at the hearing of the application for registration, that Court may not order the registration of the foreign judgment if it is satisfied that

  • (a) the foreign judgment has been fully satisfied;

  • (b) the foreign court acted without jurisdiction;

  • (c) the foreign judgment was obtained by fraud; or

  • (d) the defendant in the foreign action was not given reasonable notice and a fair opportunity to present their case.

• Marginal note:If judgment partly satisfied

  (4) If the Admiralty Court is satisfied that the foreign judgment has been partly satisfied, it shall order the foreign judgment to be registered only in respect of the balance remaining payable.