Weststar International Limited and Campbell, Ryland v Finizi, Winston

Case Number: 
2017 CD 00280
Neutral Citation: 
[2018] JMCC Comm 44
Date of Delivery: 
20.12.2018

Civil practice and procedure – Application to register foreign judgment – Judgment registered by the local court not the correct judgment of the foreign court – Omission in judgment corrected by the foreign court prior to application to register in the local court – Authenticated copy of judgment presented to local court for registration without a copy of the order of amendment – Defendant not applying to set aside the registration of the foreign judgment in the time competent for him to do so – No extension of the time to apply to set aside was applied for or granted within the time competent to do so – Application to set aside coming one year after registration – Application made out of time – Whether the court has any jurisdiction to set aside the foreign judgment in those circumstances.

Enforcement of judgment – Incorrect foreign judgment registered – Whether incorrect foreign judgment not set aside in time competent to do so should be enforced in local courts – Notice of registration with right to set aside must be served – Bo such notice served although order of registration served – Effect of non – Service of notice – Foreign Judgments and Awards (Reciprocal) Enforcement.