Document ID: chunk:federal_register_of_legislation:C2016C01084:section:10:p2
Version: federal_register_of_legislation:C2016C01084
Segment Type: section
Provision Reference: s 10 (pt 2/3)
Character Range: 21913–24571

amount, the plaintiff and that other person are jointly and severally liable, to pay to the defendant an amount equal to:
 (e) where paragraph (c) applies—the amount by which the relevant amount exceeds the recoverable amount;
 (f) where subparagraph (d)(i) applies—the relevant amount; or
 (g) where subparagraph (d)(ii) applies—the amount by which the sum mentioned in that subparagraph exceeds the recoverable amount.
 (3) Nothing in this section renders a person liable to pay an amount to a defendant in relation to a foreign judgment given by a court (including an authority that is a foreign court) of a country other than Australia or of a part of such a country unless:
 (a) the defendant is an Australian citizen, other than a person who, at the time of the institution of the proceedings in which the foreign judgment was given, was ordinarily resident in that country;
 (b) the defendant is a corporation incorporated or deemed to be incorporated under a law in force in a State or Territory, other than a corporation whose principal place of business, at the time of the institution of the proceedings in which the foreign judgment was given, was in that country; or
 (c) the defendant is the Commonwealth, a State or a Territory or an authority of the Commonwealth, of a State or of a Territory.
 (4) Where a judgment in relation to which an instrument has been made under paragraph 9(1)(d) was given against 2 or more defendants, subsection (2) of this section has effect in relation to each of those defendants as if the references in that subsection to an amount specified in the instrument were references to the amount ascertained by dividing the amount specified in the instrument by the number of defendants against whom the judgment was given.
 (5) Where a corporation that is the plaintiff in relation to a foreign judgment is, by virtue of this section, liable to pay an amount to the person who is the defendant in relation to that foreign judgment, any corporation that is related to that first‑mentioned corporation is jointly and severally liable with that first‑mentioned corporation to pay that amount to that person.
 (6) A reference in this section to a person other than the plaintiff recovering an amount pursuant to a foreign judgment is a reference to any person recovering any amount pursuant to the foreign judgment, whether as the successor to the plaintiff, as an assignee of the rights of the plaintiff under the judgment or otherwise.
 (7) A proceeding in respect of a cause of action arising under this section shall not be commenced after the expiration of the period of 3 years commencing on the date on which the