General effect of certain judgments
(1) Subject to this section, a judgment to which Part II 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 recognized in any court in Malaysia 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;
(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, 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 Malaysia recognizing any judgment as conclusive of any matter of law or fact decided therein if that judgment would have been so recognized before the coming into force of this Act.
Power to make judgments unenforceable in Malaysia if no reciprocity
(1) If it appears to the Yang di-Pertuan Agong that the treatment in respect of recognition and enforcement accorded by the courts of any reciprocating country to judgments given in the High Court is substantially less favourable than that accorded by the courts in Malaysia to judgments of the superior courts of that country, the Yang di-Pertuan Agong may by order apply this section to that reciprocating country and amend the First Schedule in any manner which may be necessary or expedient to give effect to the order and to remove any inconsistency therewith in the Schedule.
(2) Except so far as the Yang di-Pertuan Agong may by order under this section otherwise direct, no proceedings shall be entertained in any court in Malaysia for the recovery of any sum alleged to be payable under a judgment given in a court of a reciprocating country to which this section applies.
Issue of certificates of judgments obtained in Malaysia
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 High Court against any person and the judgment creditor is desirous of enforcing the judgment in a reciprocating country to which Part II applies, the court shall, on an application made by the judgment creditor and on payment of such fee as may be prescribed 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 shall not be made under this section with respect to the judgment until the expiration of that period.
Rules of court
(1) Subject to subsection (2) rules of court may be made for—
(a) making provision with respect to the giving of security for costs by persons applying for the registration of judgments;
(b) 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) providing for the service on the judgment debtor of notice of the registration of a judgment;
(d) making provision with respect to the fixing of the period within which an application may be made to have the registration of the judgment set aside and with respect to the extension of the period so fixed;
(e) prescribing the method by which any question arising under this Act whether a judgment can be enforced by execution in the country of the original court, or what interest is payable under a judgment under the law of the original court, is to be determined; and
(f) prescribing any matter which is to be prescribed.
(2) Rules of court made for the purposes of Part II shall be expressed to have, and shall have, effect subject to any such provisions contained in orders made under section 3 as are declared by the said orders to be necessary for giving effect to agreements made between the Yang di-Pertuan Agong and reciprocating countries in relation to matters with respect to which there is power to make rules of court for the purposes of Part II.
Repeal and saving
(1) The written laws specified in the Second Schedule are repealed.
(2) Any judgment of a superior court in a reciprocating country registered in any court in Malaysia under any written law in force in any part of Malaysia before the first day of December 1972, shall be deemed to have been registered under this Act and to be enforceable accordingly, and anything done in relation to any such judgment under any such law or under any rules of court or other provisions applicable thereto shall be as valid and effectual as if it had been done under this Act or the corresponding rules of court or other provisions applicable to this Act.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
