A settlement deed compromising proceedings to enforce a foreign judgment, which provides for payment of a lesser sum by instalments with consent to judgment for the full judgment debt upon default, is not a penalty. The debtor's implicit acknowledgment of the debt by entering into the settlement is sufficient — no express acknowledgment is required. The indulgence principle from O'Dea applies to disputed claims based on foreign judgments provided the claim is not colourable.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
5 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.