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COMMONWEALTHAct
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s 77

Costs and expenses of enforcement of registered NZ judgments

In force
Part 7Recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals
Division 2Recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals

77 Costs and expenses of enforcement of registered NZ judgments

(1)

If a proceeding for enforcement of a registered NZ judgment is commenced in an Australian court, the following are recoverable in that proceeding:

(a)

costs and expenses reasonably incurred by, or on behalf of, the entitled person in, or incidental to, registration of the judgment;

(b)

costs and expenses reasonably incurred by, or on behalf of, the entitled person in attempting to enforce the judgment in the original court or tribunal.

(2)

However, an entitled person’s entitlement to recover, and a liable person’s liability to pay, the costs and expenses specified in paragraph (1)(b) are the same as they would be in a proceeding in that Australian court for enforcement of:

(a)

a judgment given by the Australian court that is similar to the registered NZ judgment; or

(b)

if there is no such similar judgment, a judgment given by the Australian court that is most analogous to the registered NZ judgment.

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