Les Placements Germain Gauthier Inc v Hong Pian Tee: Enforcement of Foreign Judgment & Guarantee

In Les Placements Germain Gauthier Inc v Hong Pian Tee, the Singapore High Court heard appeals regarding the enforcement of a Canadian judgment. Les Placements Germain Gauthier Inc, a Canadian company, sued Hong Pian Tee to enforce a Canadian judgment obtained against him for a debt guarantee. The High Court allowed the plaintiff's appeal, granting judgment for the plaintiff and holding that the Canadian judgment was enforceable in Singapore.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's appeal allowed with costs; judgment for the plaintiff as claimed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court judgment regarding the enforcement of a Canadian judgment against Hong Pian Tee based on a guarantee. The court allowed the appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Hong Pian TeeDefendantIndividualAppeal DismissedLost
Les Placements Germain Gauthier IncPlaintiffCorporationAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Manjit SinghManjit & Partners
Sree Govind MenonManjit & Partners
Parveen Kaur NagpalAzman Soh & Murugaiyan
Murugaiyan SivakumarAzman Soh & Murugaiyan

4. Facts

  1. The plaintiff, a Canadian company, loaned C$350,000 to Wiraco, a Singapore company.
  2. The defendant signed a letter guaranteeing the loan to Wiraco.
  3. Wiraco failed to repay the loan.
  4. The plaintiff sued the defendant in Canada and obtained a judgment in its favor.
  5. The defendant challenged the Canadian court's jurisdiction but was unsuccessful.
  6. The plaintiff commenced a writ action in Singapore to enforce the Canadian judgment.
  7. The defendant argued there was no privity of contract between him and the plaintiff.

5. Formal Citations

  1. Les Placements Germain Gauthier Inc v Hong Pian Tee, Suit 229/2000, RA 54/2001, 82/2001, [2001] SGHC 185

6. Timeline

DateEvent
Defendant signed a letter of guarantee.
Plaintiff loaned C$350,000 to Wiraco.
Assistant Registrar Vivian Wong gave judgment against the defendant.
Judge in chambers set aside Assistant Registrar Wong’s judgment.
Defendant applied to strike out the amended claim.
High Court delivered judgment, allowing the plaintiff's appeal.

7. Legal Issues

  1. Enforcement of Foreign Judgment
    • Outcome: The court held that the Canadian judgment was enforceable in Singapore.
    • Category: Substantive
    • Related Cases:
      • [1915-1923] XV SSLR 33
  2. Striking Out Statement of Claim
    • Outcome: The court dismissed the defendant's appeal against the assistant registrar's dismissal of the striking out application.
    • Category: Procedural
  3. Summary Judgment
    • Outcome: The court allowed the plaintiff's appeal against the assistant registrar's order granting unconditional leave to the defendant to defend.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Enforcement of Foreign Judgment
  • Breach of Guarantee

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ralli v AnguillaN/AYes[1915-1923] XV SSLR 33N/ACited for the principle that a foreign judgment creates a new and independent obligation distinct from that of the underlying or original cause of action.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Foreign Judgment
  • Guarantee
  • Privity of Contract
  • Enforcement
  • Summary Judgment
  • Unconditional Leave to Defend

15.2 Keywords

  • Foreign Judgment
  • Enforcement
  • Guarantee
  • Singapore
  • Canada
  • Debt

17. Areas of Law

Area NameRelevance Score
Enforcement of Foreign Judgments90
Civil Practice75
Guarantee70
Breach of Contract60
Jurisdiction60
Contract Law60
Commercial Law50
Asset Recovery40

16. Subjects

  • Conflict of Laws
  • Civil Procedure
  • Debt Recovery