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s 172

Cases in which the judgments mentioned in section 171 are not to be registered in the Court

In force
Part XEnforcement in Tasmania of Judgments Obtained in Superior Courts in Other Parts of His Majesty's Dominions

172 Cases in which the judgments mentioned in section 171 are not to be registered in the Court

No judgment shall be ordered to be registered under this Part if –

the original court acted without jurisdiction;

the judgment debtor, being a person who was neither carrying on business nor ordinarily resident within the jurisdiction of the original court, did not voluntarily appear, or otherwise submit or agree to submit to the jurisdiction of that Court;

the judgment debtor, being the defendant in the proceedings, was not duly served with the process of the original court, and did not appear, notwithstanding that he was ordinarily resident or was carrying on business within the jurisdiction of that court, or agreed to submit to the jurisdiction of that court;

the judgment was obtained by fraud;

the judgment debtor satisfies a judge either that an appeal is pending, or that he is entitled and intends to appeal against the judgment; or the judgment was in respect of a cause of action which for reasons of public policy, or for some other similar reason, could not have been entertained by the Supreme Court.

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