Eastern European Engineering Ltd v Vijay Construction (Pty) Ltd (CS 23/2019) [2020] SCSC 532 (30 June 2020)

Eastern European Engineering Ltd v Vijay Construction (Pty) Ltd (CS 23/2019) [2020] SCSC 532 (30 June 2020)

The Cooke and Cockerill Orders of the High Court of England and Wales are 'judgments' within the meaning of the REBJA, as they are orders in civil proceedings by which sums of money are made payable and are final, conclusive, and enforceable in the UK. None of the statutory bars to registration under section 3(2) of the REBJA are present. The maxim 'exequatur sur exequatur ne vaut' does not prevent registration in this context. The Orders do not offend public policy, were not obtained by fraud, and due process was observed. It is just and convenient to register and enforce the Orders in Seychelles.

Citation
[2020] SCSC 532
Parties
Plaintiff: Eastern European Engineering Limited; Defendant: Vijay Construction (Proprietary) Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 June 2020
Case Number
CS 23/2019
Procedural Posture
Civil Suit (registration of Foreign Judgments) / Judgment
Outcome
Application granted. The Cooke and Cockerill Orders are registered and enforceable in Seychelles.
Legal Topics
Enforcement of Foreign Judgments, Recognition of Arbitral Awards, Reciprocal Enforcement, Public Policy Exception, Jurisdiction of Foreign Courts
Source Language
English
Private International Law Arbitration Civil Procedure Enforcement of Foreign Judgments Recognition of Arbitral Awards Reciprocal Enforcement Public Policy Exception Jurisdiction of Foreign Courts

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Parties

Eastern European Engineering Limited

Plaintiff

Vijay Construction (Proprietary) Limited

Defendant

Procedural Posture

Civil Suit (registration of Foreign Judgments) / Judgment

Legal Issues

  1. 1 Whether the Orders of the High Court of England and Wales (Cooke and Cockerill Orders) are 'judgments' within the meaning of the Reciprocal Enforcement of British Judgments Act (REBJA) and capable of registration and enforcement in Seychelles; Whether the Orders offend public policy or are otherwise unenforceable under section 3(2) of the REBJA; Whether the maxim 'exequatur sur exequatur ne vaut' prevents registration of the Orders; Whether the Orders are final, conclusive, and enforceable in the UK; Whether the Orders were obtained by fraud or in breach of due process.

Ratio Decidendi

The Cooke and Cockerill Orders of the High Court of England and Wales are 'judgments' within the meaning of the REBJA, as they are orders in civil proceedings by which sums of money are made payable and are final, conclusive, and enforceable in the UK. None of the statutory bars to registration under section 3(2) of the REBJA are present. The maxim 'exequatur sur exequatur ne vaut' does not prevent registration in this context. The Orders do not offend public policy, were not obtained by fraud, and due process was observed. It is just and convenient to register and enforce the Orders in Seychelles.

Court Disposition

Application granted. The Cooke and Cockerill Orders are registered and enforceable in Seychelles.

Orders

  • Order of Mr. Justice Cooke dated 18 August 2015 and Order of Mrs. Justice Cockerill dated 11 October 2018 registered under section 3(1) of the REBJA.
  • Defendant to pay plaintiff: Euros 15,963,858.90 (arbitral award), Euros 640,811.53 (arbitration costs), USD 126,000 (ICC costs), post-award interest (Euros 145,498.25, 3,385,261.64, 39,200.25 plus daily rates), costs of application to enforce award (to be assessed if not agreed), and interim payment of £245,315.90...