|
|
Documents required to accompany request for enforcement of determination.
|
29.—(1) The following documents shall be attached to every application for the enforcement of a determination pursuant to this Act, that is to say—
|
|
| |
(a) a certified copy of the determination;
|
|
| |
(b) in the case of a determination by a relevant authority (being a court or a tribunal) which is made by default, the original or a certified copy of a document establishing that notice of the proceedings was duly served on the person against whom enforcement is sought;
|
|
| |
(c) in the case of a determination by a relevant authority which is an administrative authority, a document establishing that the determination was subject to review by a court or tribunal but is no longer so subject because that court or tribunal has made a final decision and has dismissed the appeal or because the appeal has been withdrawn or because the time within which an appeal should be lodged has expired; and
|
|
| |
(d) documents establishing that the determination is enforceable in the Convention Country and that the person against whom enforcement is sought has received notice of the determination in due time.
|
|
| |
(2) If the court so requires, a translation of the documents specified in subsection (1) shall be produced: the translation shall be certified as correct by a person competent so to do.
|
|
| |
(3) For the purposes of this Part—
|
|
| |
(a) a document, duly certified, which purports to be a copy of a determination of a relevant authority in a Convention Country shall, without further proof, be deemed to be a true copy of that determination, unless the contrary is shown;
|
|
| |
(b) the original, or a copy, of any document specified in subsection (1) (b), (1)(c) or (1)(d) shall be evidence of any matter to which such document relates; and
|
|
| |
(c) a document which purports to be a translation of a document which is provided pursuant to subsection (2) and to be certified as correct by a person competent so to do shall, without further proof, be deemed to be such translation, unless the contrary is shown.
|
|
| |
(4) A document purporting to be a copy of a determination given by a relevant authority shall be deemed to be duly certified if—
|
|
| |
(a) in the case of a determination by a court, it purports to bear the seal of that court or to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a determination made by that Court, or
|
|
| |
(b) in the case of a determination by a relevant authority other than a court, it purports to be certified by a person in his capacity as an officer of that authority to be a true copy of a determination made by that authority.
|
