Convention between the government of the united kingdom of great britain and northern ireland and the government of tonga providing for the reciprocal enforcement and recognition of judgments in civil matters



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Article 3
(1) A person, being a judgment creditor under a judgment to which this Part of this Convention applies, may apply to the competent superior court at any time within a period of six 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, and on any such application the competent superior court shall, subject to such simple and rapid procedures as each Contracting Party may prescribe and to the other provisions of this Convention, 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; or
(c) The court is satisfied that the judgment debtor, being a defendant in the original proceedings, was a person who, in the opinion of the court applied to, was entitled under the rules of public international law 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; or
(d) The court is satisfied that the judgment is sought to be enforced against a person who, in the opinion of the court applied to, is entitled under the rules of public international law to immunity from the jurisdiction of the court applied to.
(2) Subject to the provisions of this Convention 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 it; and
(c) The sum for which it is registered shall, as from the date of the order giving leave to register the judgment, carry interest on the total sum (principal and interest, if any) in respect of which an order is made for leave to register the judgment, at a rate to be determined by the court applied to; and
(d) The court applied to shall have the same control over the execution of it;
as if it had been a judgment originally given in the court applied to and entered on the date of registration:
Provided that a judgment shall not be executed so long as, in accordance with the provisions of this Convention and the law of the court applied to, 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 the application has been fully determined.
(3) Where the sum payable under a judgment which is to be registered is expressed in a currency other than the currency of the country of the court applied to, the law of the country of the court applied to shall determine if, and if so in what manner and at what stage, the amount payable under the judgment may or shall be converted into the currency of the court applied to for the purposes of the satisfaction or enforcement of the judgment debt.
(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 court applied to 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 of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the original court.

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