Originally from Enforcement of Money Judgments

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I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS.

A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.

In Fiji, foreign money judgments can be enforced under:

• Reciprocal Enforcement of Judgments Act 1922 (“1922 Act”); 

• Foreign Judgments (Reciprocal Enforcement) Act 1935 (“1935 Act”)

(1922 Act and 1935 Act together “Acts”); and

• Common law principles.

Once registered under one of the Acts, a foreign judgment can be enforced as a judgment of the High Court of Fiji.   

Fiji gives recognition to judgments of countries that recognises Fiji judgments.

B. Briefly describe recent illustrative attempts, whether successful or unsuccessful, to enforce a foreign money judgment in your country, particularly with regard to enforcement of any judgments from United States courts.

In Hilo Fish Company v Feeders Seafood (Fiji) Limited, Ian Chute and Ors, High Court of Fiji, HBC 23 of 2000 (unreported), the plaintiff had obtained a default judgment in a Hawaiian Court. The plaintiff brought an action to enforce the judgment in Fiji. A preliminary issue arose as to whether the defendants had submitted to the jurisdiction of the Hawaiian Court. The High Court ruled that since the first and second defendants had applied to set aside the default judgment in the Hawaiian Court they had submitted to its jurisdiction therefore the judgment could be enforced against them.