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Recognition and enforcement of final judgment in the State.
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10.— (1) This section shall not apply to a judgment of a court of a Member State other than a court or tribunal of a territory of a Member State to which the Council Regulation does not apply.
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(2) A final judgment of a Convention court shall be recognised and enforceable in the State in accordance with Article 10 of the Convention.
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(3) An application for the enforcement of a final judgment shall be made to the High Court.
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(4) For the purposes of this Part a judgment shall be deemed to be a final judgment where—
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(a) the time within which, under the law of the State Party concerned, an appeal against the judgment may be brought has expired and no such appeal has been brought,
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(b) under the law of the State Party concerned there is no provision for an appeal from such judgment,
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(c) an appeal against the judgment has been withdrawn, or
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(d) the judgment has been affirmed or varied on appeal by the Convention court hearing such appeal, and—
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(i) the time within which, under the law of the State Party concerned, an appeal against the decision to so affirm or vary has expired and no such appeal has been brought,
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(ii) under the law of the State Party concerned there is no provision for an appeal from the decision to so affirm or vary, or
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(iii) an appeal against the decision to so affirm or vary has been withdrawn.
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(5) Subject to this section and Article 10 of the Convention, the High Court shall make an order in the amount of the final judgment, less any payments duly made in satisfaction since the date of the final judgment.
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(6) A final judgment in respect of which an order under subsection (5) has been made shall, to the extent to which the enforcement of that judgment is authorised by the enforcement order, be of the same force and effect as if the judgment were a judgment of the High Court.
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(7) In an application under this section to enforce a final judgment the High Court may, at any stage of the proceedings, make such order as it considers just and equitable having regard to the circumstances and Article 10 of the Convention.
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