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Foreign Judgments Act 1991

Submitted by Richard_Li on
Distinguished Terms in this instrument
Term(s) Definition Defined in Legislation See Section(s)
action in personam

does not include a matrimonial cause or proceedings in connection with:

(a) matrimonial matters; or

(b) the administration of the estates of deceased persons; or

(c) bankruptcy or insolvency; or

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
appeal

includes a proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
country

means a foreign , and includes any region:

(a) which is part of a foreign country; or

(b) which is under the protection of a foreign country; or

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
country of the original court

means the country in which the original court is situated.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
enforceable money judgment

means a money judgment under which is payable:

(a) an amount of money, other than (except as mentioned in paragraphs (b) and (c)) an amount payable in respect of:

(i) taxes or other charges of a similar nature; or

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
enforcement

means:

(a) where there is not an amount of money payable under the judgment, enforcement by:

(i) attachment; or

(ii) committal; or

(iii) fine; or

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
judgment creditor

, in relation to a judgment, means the person in whose favour the judgment was given, (whether or not a sum of money is payable under the judgment) and includes a person in whom the rights under the judgment have become vested by succession, assignment or otherwise.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
judgment debtor

, in relation to a judgment, means the person against whom the judgment was given, (whether or not a sum of money is payable under the judgment) and includes a person against whom the judgment is enforceable under the law of the original court.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
money judgment

means a judgment under which money is payable.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
New Zealand

tax

means tax or other charge of a similar nature payable under the laws of , and includes additional or other tax payable, by way of penalty, interest or otherwise, because of a contravention of any of those laws or of a requirement made under any of those laws.

Foreign Judgments Act 1991
non‐money judgment

means a judgment that is not a money judgment.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
non‐recoverable tax

means tax that is not New Zealand tax or recoverable Papua New Guinea income tax.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
original court

, in relation to a judgment, means the court by which the judgment was given.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
recoverable Papua New Guinea income tax

means tax payable under the laws of Papua New Guinea relating to taxes on income, but does not include:

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
Foreign Judgments Act 1991 - 2 Commencement
registered judgment

means a judgment registered under section 6.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
Foreign Judgments Act 1991 - 6 Application for, and effect of, registration of foreign judgments
Registrar

, in relation to a court, means the person who holds, in relation to that court, the office of, or the office equivalent to the office of, or Clerk.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
registration

means under Part 2.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation
Rules of Court

means rules duly made by the Supreme Court of a State or Territory or the Federal Court of Australia.

Foreign Judgments Act 1991 Foreign Judgments Act 1991 - 3 Interpretation

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