ISSUE 10/2023 - MALAYSIAN FEDERAL COURT REFUSES TO ENFORCE “UNPROVED” FOREIGN JUDGMENT

Federal Court case of PEMBINAAN SPK SDN BHD v. CONAIRE ENGINEERING SDN BHD-LLC & ANOR AND ANOTHER APPEAL

This case dealt with a common law action for the enforcement of a foreign judgment, necessitated by the fact that the judgment emanated from the Abu Dhabi Court of First Instance, and the United Arab Emirates was not a reciprocating country listed under the First Schedule to the Reciprocal Enforcement of Judgments Act 1958.

The Federal Court held, inter alia, that a foreign judgment was not enforceable by a common law action in Malaysia if the judgment was not proved as a foreign judgment or order in accordance with the Evidence Act 1950.

In this instance, in the absence of the original judgment, the respondent’s claim remained "unproved" and should have been dismissed.