Madihill Development v Sinesinga: Reciprocal Enforcement of Commonwealth Judgments Act & Pending Appeals
The High Court of Singapore dismissed an appeal by Dato’ Rickie Tang Yong Kiat against the registration of a Malaysian judgment obtained by Sinesinga Sdn Bhd against Madihill Development Sdn Bhd and Dato’ Rickie Tang Yong Kiat under the Reciprocal Enforcement of Commonwealth Judgments Act. The court held that the existence of a pending appeal in Malaysia at the time of registration did not constitute an incurable defect, emphasizing the court's discretion to enforce foreign judgments when just and convenient.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court enforces Malaysian judgment despite pending appeal at registration, emphasizing justice and convenience under RECJA.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sinesinga Sdn Bhd (transferee to part of the assets of United Merchant Finance Bhd) | Respondent, Plaintiff | Corporation | Judgment Upheld | Won | |
| Madihill Development Sdn Bhd | Appellant, Defendant | Corporation | Appeal Dismissed | Lost | |
| Dato’ Rickie Tang Yong Kiat | Appellant, Defendant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Quentin Loh | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chua Beng Chye | Rajah & Tann LLP |
| Ang Siok Hoon | Rajah & Tann LLP |
| Fan Kin Ning | David Ong & Partners |
4. Facts
- SSB obtained judgment against MDS and RT in Malaysia.
- RT furnished a guarantee for a loan facility granted by UMF to MDS.
- SSB applied to register the Malaysian judgment in Singapore under RECJA.
- RT applied to set aside the registration order.
- RT's application was dismissed by an Assistant Registrar.
- RT appealed against the Assistant Registrar's decision.
- At the time of registration, an appeal was pending in Malaysia.
5. Formal Citations
- Madihill Development Sdn Bhd and another v Sinesinga Sdn Bhd (transferee to part of the assets of United Merchant Finance Bhd), Originating Summons No 187 of 2010 (Registrar's Appeal No 191 of 2011), [2011] SGHC 230
6. Timeline
| Date | Event |
|---|---|
| SSB obtained judgment against MDS and RT in the High Court in Kuala Lumpur, Malaysia. | |
| MDS and RT filed a Notice of Appeal to the Malaysian Court of Appeal against the judgment. | |
| SSB filed Originating Summons No 187 of 2010/D in Singapore to register the Malaysian judgment in Singapore under RECJA. | |
| SSB obtained an Order in OS 187/2010 to Register the Malaysian judgment in Singapore. | |
| SSB obtained an Adjudication Order and Receiving Order in Malaysia against RT. | |
| RT filed a Notice of Appeal in Malaysia against the Bankruptcy Orders. | |
| RT filed an application in OS 187/2010 to set aside the 18 February 2010 Order to Register the Malaysian judgment. | |
| RT applied to the Malaysian Official Assignee for sanction to continue with the appeal to the Malaysian Court of Appeal. | |
| The Malaysian Official Assignee gave his in-principle sanction for RT’s appeal to the Malaysian Court of Appeal. | |
| The Malaysian Court of Appeal dismissed MDS and RT’s appeals. | |
| MDS and RT file a Notice of Motion to the Malaysian Federal Court for leave to appeal against the Malaysian Court of Appeal’s dismissal of their appeal. | |
| MDS and RT’s application for leave to appeal to the Malaysian Federal Court was dismissed. | |
| RT’s application in Summons 1545 of 2010 in OS 187/2010 to set aside the 18 February 2010 Order of Court is dismissed by an Assistant Registrar. | |
| RT filed a Notice of Appeal against the AR’s dismissal of RT’s application in Summons 1545 of 2010. | |
| Appeal dismissed. | |
| Decision Date |
7. Legal Issues
- Enforcement of Foreign Judgment
- Outcome: The court held that the existence of a pending appeal in the foreign jurisdiction at the time of registration does not automatically preclude enforcement.
- Category: Substantive
- Sub-Issues:
- Pending Appeal in Foreign Jurisdiction
- Full and Frank Disclosure
- Interpretation of Statutes
- Outcome: The court interpreted the provisions of the RECJA to allow for discretion in enforcing foreign judgments even when an appeal is pending.
- Category: Procedural
- Sub-Issues:
- Construction of s 3(1) and s 3(2) of RECJA
8. Remedies Sought
- Registration of Foreign Judgment
- Enforcement of Foreign Judgment
9. Cause of Actions
- Debt Recovery
- Enforcement of Guarantee
10. Practice Areas
- Commercial Litigation
- Enforcement of Foreign Judgments
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Perwira Ariffin Bank Bhd (formerly known as Perwira Habib Bank Malaysia Bhd) v Lee Hai Pey and another | High Court | Yes | [1997] 2 SLR(R) 498 | Singapore | Cited regarding the court's discretion under s 3(1) of RECJA to enforce a foreign judgment, even with a pending appeal on enforceability. |
| Perwira Affin Bank Bhd (formerly known as Perwira Habib Bank Malaysia Bhd) v Lee Hai Pey and another | High Court | Yes | [2007] 3 SLR(R) 218 | Singapore | Cited to show that appeals against the enforceability of the Malaysian judgment had come to an end. |
| Liao Eng Kiat v Burswood Nominees Ltd | Court of Appeal | Yes | [2004] 4 SLR(R) 690 | Singapore | Cited regarding the enforceability of a foreign judgment under RECJA and considerations of public policy. |
| Poh Soon Kiat v Desert Palace Inc (trading as Caesars Palace) | Court of Appeal | Yes | [2010] 1 SLR 1129 | Singapore | Cited to show that Burswood Nominees was unsound because there was no legal basis for reading a higher public policy threshold into s 3(2)(f). |
| Westacre Investments Inc v The State-Owned Company Yugoimport SDPR (also known as Jugoimport-SDPR) | High Court | Yes | [2009] 2 SLR(R) 166 | Singapore | Cited regarding considerations of what was “just and convenient” in s 3(1) in enforcing an English judgment. |
| Owens Bank Ltd v Bracco and Another | House of Lords | Yes | [1992] 2 AC 443 | United Kingdom | Cited to explain the background to the Administration of Justice Act 1920 (UK), which is equivalent to the RECJA. |
| In The Matter Of Enactment No 10 Of 1922, The Judgments (Reciprocity) Enactment; Ho Hong Bank Ltd v Ho Kai Neo & Anor | High Court | Yes | [1932] MLJ 76 | Malaysia | Cited to support the view of the statutory scheme and the two stage process laid down in O 67. |
| Lam Soon Cannery Co v H W Hooper & Co | High Court | Yes | [1965] MLJ 135 | Malaysia | Cited to support the views of the statutory scheme and the two stage process laid down in O 67. |
| Lam Soon Cannery Co v Hooper & Co | Court of Appeal | Yes | [1965–1967] SLR(R) 149 | Singapore | Cited to support the views of the statutory scheme and the two stage process laid down in O 67. |
| The “Vasiliy Golovnin” | High Court | Yes | [2008] 4 SLR(R) 994 | Singapore | Cited regarding the duty to make full and frank disclosure in ex parte applications. |
| Bahtera Offshore (M) Sdn Bhd v Sim Kok Beng and another | High Court | Yes | [2009] 4 SLR(R) 365 | Singapore | Cited regarding the duty to make full and frank disclosure in ex parte applications. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed) | Singapore |
| Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Civil Law Act (Cap 43, 1994 Rev Ed) | Singapore |
| Administration of Justice Act 1920 (c 81) (UK) | United Kingdom |
| Interpretation and General Clauses Ordinance (Cap 2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Reciprocal Enforcement of Commonwealth Judgments Act
- Registration of Foreign Judgment
- Pending Appeal
- Just and Convenient
- Full and Frank Disclosure
- Malaysian Judgment
- Guarantee
- Judgment Debtor
- Judgment Creditor
15.2 Keywords
- Foreign Judgment Enforcement
- RECJA
- Singapore
- Malaysia
- Appeal
- Registration
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Recognition of Foreign Judgments | 90 |
| Debt Recovery | 50 |
| Contract Law | 30 |
| Guarantees | 30 |
16. Subjects
- Civil Procedure
- Conflict of Laws
- Enforcement of Foreign Judgments