Westacre Investments Inc v Yugoimport-SDPR: Enforcement of Foreign Judgment in Singapore
In Westacre Investments Inc v Yugoimport-SDPR, the High Court of Singapore addressed the registration and enforcement in Singapore of an English judgment obtained by Westacre Investments Inc against Yugoimport-SDPR. The court, presided over by Kan Ting Chiu J, considered whether a foreign judgment that could no longer be sued on in its country of origin could be registered in Singapore. The court ultimately set aside the registration of the judgment, finding that it was not just and convenient to register the judgment given the delay in application and potential prejudice to the judgment debtor.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Registration of the judgment was set aside.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court addresses whether a foreign judgment, unenforceable in its origin country, can be registered and enforced in Singapore. The court set aside the registration of the judgment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Westacre Investments Inc | Judgment Creditor | Corporation | Registration of judgment set aside | Lost | |
| Yugoimport-SDPR (also known as Jugoimport-SDPR) | Judgment Debtor | Corporation | Application to set aside registration granted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
4. Facts
- Westacre obtained an English judgment against Yugoimport.
- Westacre sought to register the English judgment in Singapore under the RECJA.
- Yugoimport applied to set aside the registration, arguing it was time-barred.
- The Assistant Registrar initially upheld the registration but restricted enforcement to garnishee proceedings only.
- The High Court found the delay in applying for registration was not justified.
- The High Court determined that it lacked the power to restrict the method of enforcement.
5. Formal Citations
- Westacre Investments Inc v Yugoimport-SDPR, OS 1311/2004, RA 8/2006, 61/2006, [2006] SGHC 210
6. Timeline
| Date | Event |
|---|---|
| ICC issued an award holding the judgment debtor liable to pay the judgment creditor US$50,010,093.36, £1,029,629.37 and interest. | |
| The Swiss Federal Tribunal dismissed the judgment debtor's appeal against the ICC award. | |
| The judgment creditor commenced proceedings under the UK Arbitration Act 1975 and the UK Arbitration Act 1950 to enforce the award. | |
| The judgment creditor filed an action in England at common law on the award itself. | |
| The High Court ordered that judgment be entered against the judgment debtor for £41,584,488.86, with execution stayed pending appeal. | |
| The Court of Appeal dismissed the judgment debtor's appeal. | |
| The House of Lords refused the judgment debtor leave to appeal. | |
| The Court of Appeal lifted the stay of execution of the judgment. | |
| The judgment creditor applied for and obtained an order to have the judgment registered under s 3 of the Reciprocal Enforcement of Commonwealth Judgments Act. | |
| The judgment debtor applied to set aside the registration. | |
| Judgment reserved. |
7. Legal Issues
- Enforcement of Foreign Judgments
- Outcome: The court held that it was not just and convenient to enforce the foreign judgment in Singapore.
- Category: Substantive
- Limitation Period for Enforcement
- Outcome: The court held that the application to register the judgment was not time-barred under Singapore law.
- Category: Procedural
- Court's Power to Restrict Enforcement Methods
- Outcome: The court held that it did not have the power to restrict the method by which the judgment could be enforced.
- Category: Jurisdictional
8. Remedies Sought
- Registration of Foreign Judgment
- Enforcement of Judgment
9. Cause of Actions
- Enforcement of Foreign Judgment
10. Practice Areas
- Commercial Litigation
- International Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| W.T. Lamb & Sons v Rider | English Court of Appeal | Yes | [1948] 2 All ER 402 | England | Cited for the proposition that the right to sue on a judgment is distinct from the right to enforce execution on a judgment. |
| Lowsley v Forbes | House of Lords | Yes | [1999] 1 AC 329 | England | Cited to explain that 'action' in section 24(1) of the Limitation Act 1980 means a fresh action and does not include proceedings by way of execution. |
| Dupleix v De Roven | N/A | Yes | [1705] 2 Vern 540 | N/A | Cited for the principle that a foreign money judgment creates an implied contract by the judgment debtor to pay the judgment sum to the judgment creditor. |
| Grant v Easton | N/A | Yes | (1883-84) LR 13 QBD 302 | N/A | Cited for the principle that a foreign money judgment creates an implied contract by the judgment debtor to pay the judgment sum to the judgment creditor. |
| Yong Tet Miaw v MBf Finance Bhd | Court of Appeal | Yes | [1992] 2 SLR 761 | Singapore | Cited for the interpretation of 'just and convenient' in s 3(1) of the Reciprocal Enforcement of Commonwealth Judgments Act. |
| Edwards & Co v Picard | N/A | Yes | [1909] 2 KB 903 | N/A | Cited for the interpretation of 'just or convenient' in s 25(8) of the Judicature Act 1873. |
| Quinn v Pres-T-Con Ltd | Privy Council | Yes | [1986] 1 WLR 1216 | United Kingdom | Cited regarding the late registration of foreign judgments. |
| Westpac Banking Corporation v Szentessy | Supreme Court of the Australian Capital Territory | Yes | (1985) 65 ACTR 39 | Australian Capital Territory | Cited regarding the late registration of foreign judgments. |
| National Westminster Bank plc v Powney | Court of Appeal | Yes | [1990] 2 All ER 416 | England | Cited for principles regarding leave to issue a writ of execution out of time. |
| Duer v Frazer | High Court | Yes | [2001] 1 WLR 919 | England | Cited for principles regarding leave to issue a writ of execution out of time. |
| Patel v Singh | Court of Appeal | Yes | [2002] EWCA Civ 1938 | England | Cited for principles regarding leave to issue a writ of execution out of time. |
| Ezekiel v Orakpo | Court of Appeal | Yes | [1997] 1 WLR 340 | England | Cited to define a 'writ of execution'. |
| Re Cheah Theam Swee | N/A | Yes | [1996] 2 SLR 76 | Singapore | Cited to discuss the effect of s 3(3)(b) of the Reciprocal Enforcement of Commonwealth Judgments Act. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 92 r 4 |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 92 r 5 |
| Rules of Court (Cap 322, R5, 2006 Rev Ed) Order 67 rule 3(1)(c) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed) s 3(1) | Singapore |
| Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed) s 3(2) | Singapore |
| Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed) s 3(3) | Singapore |
| Limitation Act (Cap 163, 1996 Rev Ed) s 6(1)(a) | Singapore |
| Limitation Act 1980 (England) s 24(1) | England |
15. Key Terms and Keywords
15.1 Key Terms
- Reciprocal Enforcement of Commonwealth Judgments Act
- Registration of Foreign Judgment
- Limitation Period
- Just and Convenient
- Garnishee Proceedings
- Writ of Execution
15.2 Keywords
- Foreign Judgment
- Enforcement
- Registration
- Limitation Act
- Singapore
- Commonwealth
- Judgment Debtor
- Judgment Creditor
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Enforcement of Foreign Judgments | 90 |
| Civil Procedure | 80 |
| Civil Practice | 75 |
| International Arbitration | 60 |
| Arbitration | 50 |
| International Commercial Law | 40 |
16. Subjects
- Civil Procedure
- Conflict of Laws
- Enforcement of Foreign Judgments
- Limitation of Actions