Serafica Rogelio T v Transocean: Substituted Service & Examination of Judgment Debtor Orders

Serafica Rogelio T and others, directors of Burgundy Global Exploration Corporation, appealed against the dismissal of their application to set aside an order granting Transocean Offshore Ventures Limited liberty to effect substituted service of examination of judgment debtor orders. The High Court dismissed the appeal, holding that the substituted service on Gomez & Vasu LLC was proper and that leave to serve out of jurisdiction was not required. The court found that the requirements of the Rules of Court were satisfied.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding substituted service of examination of judgment debtor orders. The court dismissed the appeal, finding the service was proper.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Serafica Rogelio TAppellantIndividualAppeal dismissedLostOng Ying Ping, Susan Tay
Transocean Offshore Ventures LimitedRespondentCorporationAppeal AllowedWonIan Teo, Ting Yong Hong
Burgundy Global Exploration CorporationOtherCorporation

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Ong Ying PingOTP Law Corporation
Susan TayOTP Law Corporation
Ian TeoRajah & Tann LLP
Ting Yong HongRajah & Tann LLP

4. Facts

  1. Transocean obtained a judgment against Burgundy for US$105,536,922 plus interest.
  2. The Directors are officers of Burgundy.
  3. Transocean sought to examine the Directors as judgment debtors.
  4. Transocean made unsuccessful attempts to personally serve the EJD Orders on the Directors in the Philippines.
  5. Transocean applied for and was granted an order for substituted service of the EJD Orders on Gomez & Vasu LLC.
  6. Gomez & Vasu LLC represented Burgundy in ongoing proceedings.
  7. The Directors applied to set aside the order for substituted service.

5. Formal Citations

  1. Serafica Rogelio T and others v Transocean Offshore Ventures Limited, Suit No 87 of 2009 (Registrar's Appeal No 80 of 2013), [2013] SGHC 118

6. Timeline

DateEvent
Final judgment entered against Burgundy
Transocean filed ex parte application for examination of judgment debtor orders against the Directors
Transocean made attempts to effect personal service of the EJD Orders on the Directors
Transocean made attempts to effect personal service of the EJD Orders on the Directors
Transocean filed Summons No 5064 of 2012 for substituted service of EJD Orders
Assistant Registrar granted substituted service of the EJD Orders
Transocean served the EJD Orders on Gomez & Vasu LLC
The Directors filed Summons No 851 of 2013 to set aside AR Yeo’s order for substituted service
Summons No 851 of 2013 was dismissed
Registrar's Appeal No 158 of 2012 dismissed
Appeal dismissed
Order of court granting liberty to the respondent to effect substituted service of examination of judgment debtor orders on the appellants

7. Legal Issues

  1. Substituted Service
    • Outcome: The court held that the substituted service on Gomez & Vasu LLC was proper.
    • Category: Procedural
  2. Service Out of Jurisdiction
    • Outcome: The court held that leave to serve out of jurisdiction was not required under O 11 r 8(1).
    • Category: Jurisdictional

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Consistel Pte Ltd and another v Farooq Nasir and anotherN/AYes[2009] 3 SLR(R) 665SingaporeCited for the proposition that substituted service in lieu of personal service could not circumvent the stringent requirement for leave to serve out of jurisdiction under O 11.
P T Makindo (formerly known as PT Makindo TBK) v Aperchance Co Ltd and othersN/AYes[2010] 4 SLR 954SingaporeCited for the proposition that procedural steps prescribed for the exercise of a court’s jurisdiction to punish for contempt should be scrupulously complied with.
Transocean Offshore International Ventures Limited v Burgundy Global Exploration CorporationHigh CourtYes[2013] SGHC 117SingaporeSets out the history of the protracted legal proceedings between Transocean and Burgundy.
Allport Alfred James v Wong Soon LanN/AYes[1988] 2 SLR(R) 520SingaporeCited with approval regarding compliance with procedural steps for the exercise of a court’s jurisdiction to punish for contempt.
Masri v Consolidated Contractors International (UK) Ltd and others (No 4)House of LordsYes[2010] 1 AC 90United KingdomCited for the holding that the court could not assume extraterritorial jurisdiction to make an order for the examination of an officer of a judgment debtor who was ordinarily resident abroad.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore
Order 14 of the Rules of CourtSingapore
Order 48 r 1 of the RulesSingapore
Order 45 r 7 of the RulesSingapore
Order 11 r 8 of the RulesSingapore
Order 62 r 5 of the RulesSingapore
Order 62 r 6(2)(a) of the RulesSingapore
Order 11 r 1 of the RulesSingapore
Order 11 r 2 of the RulesSingapore
Order 38 r 18 of the RulesSingapore
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Substituted service
  • Examination of judgment debtor
  • Service out of jurisdiction
  • Originating process
  • Personal service
  • Order 11
  • Order 48
  • Order 62

15.2 Keywords

  • substituted service
  • examination of judgment debtor
  • service out of jurisdiction
  • Singapore
  • High Court

16. Subjects

  • Civil Procedure
  • Jurisdiction
  • Service of Process

17. Areas of Law

  • Civil Procedure
  • Service of Process