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Articles for the keyword(s) "Contempt: judgment debtor"

"Enforcement of Foreign Judgments"

Laurette Barnard, 1996

This is a review of the decision in Bolton v Marine Services Ltd CA251/93 5 February 1996, in terms of which a foreign irregular judgment, which had not been set aside in the foreign court because the judgment debtor was in contempt, could be enforced in New Zealand. The author criticises the Court’s interpretation of the public policy exclusion as it applies to the enforcement of foreign judgments, as well as the Court’s failure to appreciate the penal nature (and unenforceability) of the judgment debt.