BEYOND STATUTORY ENFORCEMENT: MALAYSIA’S APEX COURT DISMISSES A COMMON LAW ACTION FOR ENFORCEMENT OF FOREIGN JUDGMENT DUE TO FAILURE TO ADDUCE THE FOREIGN JUDGMENT
There is a simple, but fundamental, difference between a statutory enforcement under Reciprocal Enforcement of Judgments Act 1958 (“REJA”) and a common law action. REJA covers cases where a judgment creditor wants to enforce a decision from a jurisdiction which enforces Malaysian court judgments (the so called ‘reciprocity’). When REJA applies, the foreign judgment can … Read more