Read the full judgment text of CACV 000148/1995 on BabelCite. This Court of Appeal judgment was delivered on 29 February 1996 before Nazareth V.-P., Bokhary J.A., Ching J.A..
Civil procedure – appeal to Privy Council – finality of decision – registration of foreign judgment – test for finality – application test – whether decision on registrability is final – held: final because it resolves the controversy – conditional leave granted – security for costs – stay of execution – defendant applied for leave to appeal under Rule 2(a) of Order in Council – court applied First Pacific Bank test – registration is prerequisite to execution but not a step in execution – section 5 of Foreign Judgments Ordinance does not affect finality – leave granted subject to conditions
Legal issues: Finality of decision on registration of foreign judgment
Outcome: Conditional leave to appeal to the Privy Council granted to the Defendant.