A judgment of a foreign court has no direct force in Papua New Guinea. It must first be registered. Order 13 Division 9 of the National Court Rules 1983 provides the procedure.
Rule 68
(1) In this Division, “the Act” means the Reciprocal Enforcement of Judgements Act 1976.
(2) All expressions have the same meaning as the like expressions in the Act.
(3) The Rules in this Division shall have effect with respect to foreign judgements which may be enforced under the provisions of the Act, and subject to any provisions contained in notices made by the Minister under section 2 of the Act as are declared by the notices to be necessary for giving effect to agreements made between the State and foreign countries.
This is the threshold question, and it is answered by the Act, not by the Rules. Registration depends on the foreign country being one to which the Act has been extended by notice made by the Minister under section 2, giving effect to an agreement between the State and that country.
A judgment from a country not covered cannot be registered under this Division. The alternative is to bring fresh proceedings in Papua New Guinea on the foreign judgment as a debt — a separate action governed by the ordinary rules, and outside Order 13 Division 9.
The Reciprocal Enforcement of Judgements Act 1976 is not available on PacLII at the time of writing. Check the current text of the Act, and the Ministerial notices made under section 2, to establish whether a particular country’s judgments may be registered. Order 13 Division 9 of the National Court Rules, set out here, governs the procedure once the Act applies.
Rule 69
(1) Proceedings for registration of a judgement under Part II of the Act shall be commenced by originating summons joining the judgement creditor as plaintiff and the judgement debtor as defendant.
(2) The judgement creditor may, unless the Court otherwise orders, proceed without service of the summons on the judgement debtor.
The debtor is joined as a defendant but the creditor may proceed without serving them. That is deliberate: registration is the first step, and the debtor’s opportunity to resist comes at the setting-aside stage under the Act rather than before registration.
Note the words “unless the Court otherwise orders”. The Court may direct service where it considers it appropriate.
On originating summonses generally, see Order 4. This is not an ex parte originating summons in the strict sense — there is a defendant — but it proceeds without notice unless the Court directs otherwise.
Rule 70
(a) the judgement, or a verified or certified or otherwise duly authenticated copy of it;
(b) where the judgement is not in English, a translation in English, certified by a notary public or authenticated by evidence;
(c) the name and trade or business, and the usual or last known place of abode or of business, of the judgement creditor and of the judgement debtor, so far as known to the deponent; and
(d) evidence, to the best of the deponent’s information or belief, that the judgement creditor is entitled to enforce the judgement — among the other matters the rule specifies.
An uncertified photocopy of a foreign judgment will not do. Obtain a duly authenticated copy from the foreign court, allowing time — this often takes weeks.
Where the judgment is not in English, the translation must be certified by a notary public or authenticated by evidence. Compare the parallel requirements for service abroad under Order 6 Rule 27 and for letters of request under Order 11 Rule 9(2), each of which requires a certified translation with the translator’s full name, address and qualifications.
What registration achieves
Once registered, the judgment may be enforced by the means in Order 13 — levy of property, attachment of debts, a charging order, or the appointment of a receiver.
The usual preconditions apply: entry, service of the minute, and expiry of the time for compliance under Order 12 Rule 4. And where any change has taken place, whether by assignment, death or otherwise, in the persons entitled or liable to execution, Order 13 Rule 18(1)(b) requires leave before a writ of execution issues.
Because registration may proceed without service, the judgment debtor’s remedy is to apply to set the registration aside on the grounds the Act provides. Those grounds are matters for the Act, not the Rules.
A judgment creditor should therefore expect the contest to come after registration rather than before it, and should not treat registration as the end of the matter.
Judgments going out, and process coming in
| Situation | Provision |
|---|---|
| Enforcing a foreign judgment in PNG | O 13 Div 9; Reciprocal Enforcement of Judgements Act 1976 |
| Serving a PNG writ abroad | O 6 Divs 2 and 3 |
| Serving foreign process in PNG | O 6 Div 4 |
| Taking evidence abroad | O 11 Div 2 — examiner or letter of request |
| Serving a garnishee notice abroad | Not permitted — O 13 r 57(2) |
- Check the Act and the section 2 notices — is this country covered?
- Obtain an authenticated copy of the judgment from the foreign court, and a certified translation if needed.
- Prepare the affidavit covering every matter in Rule 70(1), including the parties’ trades or businesses and last known addresses.
- File the originating summons joining creditor and debtor.
- Register, then enforce under Order 13 in the ordinary way.
Sources
- National Court Rules 1983 — O 4; O 6 rr 27, Divs 2–4; O 11 r 9, Div 2; O 12 r 4; O 13 rr 18, 57, 68–70, Div 9
- Reciprocal Enforcement of Judgements Act 1976 — not available on PacLII
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.