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Non-recognition or non-enforcement of determination.
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28.—(1) A determination by a relevant authority in a Convention Country shall not be recognised or enforced in the State if—
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(a) the determination is not final; or
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(b) the determination is manifestly contrary to public policy in the State; or
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(c) the person against whom the proceedings which resulted in the determination were brought did not, notwithstanding that due notice of the proceedings may have been duly served on him in the Convention Country concerned, receive notice in sufficient time to enable him to defend the proceedings or, as the case may be, to apply for the proceedings to be reviewed; or
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(d) the determination is incompatible with the judgment of any court in the State.
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(2) For the purposes of subsection (1) (a), a determination by a relevant authority in a Convention Country shall be deemed to be final if—
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(a) neither an appeal from, nor an application for review of, that determination is pending in that state, and
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(b) it is not possible for any of the reasons specified in subsection (3) for such an appeal to be brought or such an application to be made.
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(3) The reasons referred to in subsection (2) (b) are—
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(a) the law applicable in the Convention Country concerned does not provide for an appeal from, or review of, the determination, being a determination made by either a court or a tribunal; or
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(b) the time within which an appeal must be brought, or an application for review must be made, has expired; or
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(c) an appeal which has been brought, or an application for review which has been made, has been withdrawn; or
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(d) the determination has been confirmed by, or made in pursuance of a direction contained in, a determination which was made by a relevant authority and is final and without appeal.
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(4) If, on an appeal against a decision to enforce a determination, the appellant satisfies the court that the determination is not final, the court may, on such terms as it thinks fit—
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(a) set aside the enforcement order, or
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(b) adjourn the appeal until such time as the determination has become final.
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(5) Nothing in subsection (4) shall require the court either to set aside an enforcement order or to adjourn an appeal in any case where—
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(a) the court is satisfied that there is no other ground on which the enforcement order should be set aside, and
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(b) the court is not satisfied that the applicant intends to continue with an appeal or application for review which is pending or, as the case may be, to bring any appeal, or make any such application, which is open to him to bring or make in respect of the determination.
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