Global Distressed Alpha Fund I Ltd Partnership v Integrated Financial Advisory Ltd: Enforcement of UK Order
The Singapore High Court dismissed the application by Global Distressed Alpha Fund I Ltd Partnership (GDAF) to register a UK Order against Integrated Financial Advisory Ltd (IFAL) under the Reciprocal Enforcement of Commonwealth Judgments Act. The UK Order pertained to costs awarded against IFAL in prior UK proceedings involving PT Bakrie. The court, presided over by Philip Pillai J, found that IFAL had not voluntarily submitted to the UK court's jurisdiction, a prerequisite for registration under the Act. GDAF's application for a mareva injunction was also implicitly denied.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Originating Summons dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court dismissed Global Distressed Alpha Fund I's application to register a UK order against Integrated Financial Advisory Ltd, concerning costs in prior UK proceedings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Global Distressed Alpha Fund I Ltd Partnership | Applicant | Partnership | Application Dismissed | Lost | |
| Integrated Financial Advisory Ltd | Respondent | Corporation | Application Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Philip Pillai | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Daniel Soo Ziyang | Drew & Napier LLC |
4. Facts
- GDAF obtained a judgment in the UK against PT Bakrie.
- GDAF sought to enforce the UK judgment against PT Bakrie but found it to be dormant.
- GDAF obtained a UK order joining IFAL as a party to the UK proceedings and ordering it to pay costs.
- IFAL paid PT Bakrie’s legal costs in the UK proceedings.
- GDAF sought to register the UK order against IFAL in Singapore.
- IFAL did not appear or participate in the UK proceedings.
5. Formal Citations
- Global Distressed Alpha Fund I Ltd Partnership v Integrated Financial Advisory Ltd, Originating Summons 506 of 2012/J, [2012] SGHC 152
6. Timeline
| Date | Event |
|---|---|
| Bakrie Indonesia BV defaulted on sums due on its US$ 50 million guaranteed notes. | |
| GDAF purchased US$ 2 million B I Notes. | |
| GDAF commenced Principal UK Proceedings against PT Bakrie. | |
| UK court gave judgment for GDAF against PT Bakrie. | |
| UK court granted GDAF permission to serve an application under s 51 of the Senior Courts Act on IFAL out of jurisdiction. | |
| UK court granted the UK Order joining IFAL as a party to the Principal UK Proceedings for the purposes of ordering costs against IFAL. | |
| GDAF applied for and obtained an order joining IFAL as a party to the Principal UK Proceedings. | |
| Judgment reserved. |
7. Legal Issues
- Enforcement of Foreign Judgment
- Outcome: The court held that the judgment debtor did not voluntarily submit to the jurisdiction of the original court.
- Category: Procedural
8. Remedies Sought
- Registration of UK Order
- Mareva Injunction
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
- Enforcement of Foreign Judgments
11. Industries
- Financial Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Antony Gibbs & sons v La Industrielle et Commerciale des Metaux | Queen's Bench Division | Yes | Antony Gibbs & sons v La Industrielle et Commerciale des Metaux (1890) QBD 399 | England and Wales | Cited for the principle that foreign insolvency proceedings cannot affect obligations under contracts governed by English law unless varied, released or extinguished in accordance with English law. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, Rev Ed 1985) | Singapore |
| Senior Courts Act 1981 (UK) (c 54) | United Kingdom |
15. Key Terms and Keywords
15.1 Key Terms
- Reciprocal Enforcement of Commonwealth Judgments Act
- Senior Courts Act
- Mareva Injunction
- Submission to Jurisdiction
- Dormant Company
15.2 Keywords
- enforcement
- foreign judgment
- jurisdiction
- singapore
- uk order
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Enforcement of Foreign Judgments | 90 |
| Jurisdiction | 80 |
| Mareva Injunctions | 70 |
| Civil Procedure | 60 |
16. Subjects
- Civil Procedure
- Enforcement of Foreign Judgments