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Cases

PEMBINAAN SPK SDN BHD v. CONAIRE ENGINEERING SDN BHD-LLC & ANOR AND ANOTHER APPEAL
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Abang Iskandar Abang Hashim PCA, Mary Lim Thiam Suan FCJ
[Civil Appeal Nos: 02(f)-59-10-2021(W) & 02(f)-60-10-2021(W)]
23 February 2023
[2023] 3 MLRA 287

JUDGMENT

Mary Lim Thiam Suan FCJ:

[1] This was a common law action for the enforcement of a foreign judgment. This course of action was necessitated by the fact that the judgment, a judgment entered in default, emanated from the Abu Dhabi Court of First Instance, and the United Arab Emirates is not a reciprocating country listed under the First Schedule to the Reciprocal Enforcement of Judgments Act 1958 [REJA]. The claim was allowed at the High Court and the decision was affirmed on appeal although the Court of Appeal did vary the award on the interest rate, that it was to run from the date of the judgment in Abu Dhabi instead of from the date of decision at the High Court.

[2] On 5 October 2021, leave was granted on the following questions of law:

i. Whether a foreign judgment is enforceable by a common law action in Malaysia (the foreign country not being a First Schedule country under the Reciprocal Enforcement of Foreign Judgment Act 1958 ("REJA") if the judgment is not proved as a foreign judgment or order in accordance with the Evidence Act 1950?

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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