Sea Pollution (Miscellaneous Provisions) Act 2006

Documents required to accompany application for enforcement order under section 10 .

13.— (1) The following documents shall be attached to an application for an order under section 10 :

(a) a duly certified copy of the judgment to which the application relates;

(b) in the case of a judgment that was given in default of appearance or defence, a duly certified copy of the document that establishes that the party in default was duly served with the document instituting the proceedings to which the judgment relates, or had notice of the proceedings or the document; and

(c) if the High Court so requires, a translation of the documents specified in paragraphs (a) and (b) certified as being a correct translation thereof by a person who is competent to so certify.

(2) For the purposes of this section—

(a) a document purporting to be a copy of a judgment shall be deemed to be duly certified if it purports—

(i) to bear the seal of the Convention court that gave it, or

(ii) to be certified by any person in his or her capacity as a judge or officer of that court as being a true copy of the judgment,

and

(b) a document purporting to be a copy of a document specified in subsection (1)(b) shall be deemed to be duly certified if it purports to be certified by a person, who in relation to the Convention court concerned, performs functions the same as or similar to those performed in relation to a court in this State by the registrar or clerk of it, as being a true copy of such document.