Licea v Curacao: Enforcing US Judgment for Forced Labor Scheme in Singapore

The Singapore High Court heard an appeal by Curacao Drydock Company, Inc (“Curacao”) against the decision of the assistant registrar to dismiss its application to set aside a judgment obtained by Alberto Justo Rodriguez Licea and others in default of its appearance and to strike out the plaintiffs’ statement of claim. The plaintiffs, Cuban workers, sought to enforce a US judgment awarding them compensatory damages for a forced labor scheme. The High Court dismissed the appeal, finding no triable issues and awarded costs to the plaintiffs.

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

Singapore High Court enforces a US judgment against Curacao Drydock for a forced labor scheme, dismissing the defendant's appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Alberto Justo Rodriguez LiceaPlaintiffIndividualAppeal DismissedWon
Curacao Drydock Co, IncDefendant, AppellantCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Sim ChongJLC Advisors LLP
Syn Kok KayPatrick Chin, Syn & Co

4. Facts

  1. The plaintiffs, Cuban workers, were victims of a forced labor scheme instituted by the defendant, a dry-dock company registered in Curacao.
  2. The plaintiffs commenced proceedings against the defendant in the United States District Court for the Southern District of Florida, Miami Division.
  3. The US Court awarded the plaintiffs US$50m in compensatory damages and US$30m in punitive damages.
  4. The plaintiffs commenced a common law action against the defendant in Singapore to enforce the US Judgment, abandoning their claim for punitive damages.
  5. The defendant did not enter any appearance in the Singapore action, and judgment in default of appearance was entered against it.
  6. The plaintiffs garnished a debt due from one of Curacao’s debtors in Singapore, KGJ Cement (Singapore) Pte Ltd.

5. Formal Citations

  1. Alberto Justo Rodriguez Licea and others v Curacao Drydock Co, Inc, Suit No 643 of 2013 (Registrar's Appeal No 3 of 2015), [2015] SGHC 136

6. Timeline

DateEvent
Plaintiffs commenced proceedings against the defendant in the United States District Court for the Southern District of Florida, Miami Division
Defendant filed a motion to challenge the suit in the US court
Trial on damages held in the US Court; US$50m in compensatory damages and US$30m in punitive damages awarded to the plaintiffs
Plaintiffs commenced a common law action against the defendant in Singapore to enforce the US Judgment
Plaintiffs obtained leave to serve the writ out of jurisdiction
Judgment in default of appearance was entered against the defendant in Singapore
Plaintiffs applied to garnish the debt due from KGJ Cement (Singapore) Pte Ltd
Defendant entered an appearance after being served with the Show Cause Order
Garnishee order against KGJ Cement was made absolute
Appeal dismissed

7. Legal Issues

  1. Enforceability of Foreign Judgments
    • Outcome: The court held that the US Judgment was enforceable in Singapore, specifically the compensatory damages portion.
    • Category: Substantive
    • Related Cases:
      • [2010] 1 SLR 1129
      • [1917] SSLR 33
  2. Forum Non Conveniens
    • Outcome: The court determined that forum non conveniens was irrelevant to the enforceability of foreign judgments.
    • Category: Procedural
  3. Punitive Damages
    • Outcome: The court found the issue of punitive damages irrelevant as the plaintiffs had dropped the punitive elements of the US Judgment from its SOC.
    • Category: Substantive

8. Remedies Sought

  1. Enforcement of US Judgment
  2. Monetary Damages

9. Cause of Actions

  • Enforcement of Foreign Judgment

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Maritime
  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Mercurine Pte Ltd v Canberra Development Pte LtdCourt of AppealYes[2008] 4 SLR(R) 907SingaporeCited for the test to set aside a regular default judgment, requiring the establishment of a prima facie defence showing triable or arguable issues.
The “Ruben Martinez Villena”N/AYes[1987] 2 Lloyd’s Rep 621N/ACited for the principle that there is no purpose in setting aside a judgment if there is nothing to be gained by having a trial.
Poh Soon Kiat v Desert Palace Inc (trading as Caesars Palace)Court of AppealYes[2010] 1 SLR 1129SingaporeCited for the legal requirements for a common law action to enforce a foreign judgment.
Ralli And Another v AngulliaN/AYes[1917] SSLR 33SingaporeCited for the principle that the enforcement of a foreign judgment under common law creates a fresh and independent obligation.
Lewis v Eliades and othersN/ANo[2004] 1 WLR 692N/ADiscussed the argument that enforcing a foreign judgment containing RICO damages might contravene the rule against enforcing foreign penal laws.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Reciprocal Enforcement of Foreign Judgment Act (Cap 265, 2001Rev Ed)Singapore
Alien Tort Statute 28 U.S.C. § 1350 (2000)United States
Racketeer Influenced and Corrupt Organizations Act 18 U.S.C. §?1962(b) (2000) (“RICO”)United States

15. Key Terms and Keywords

15.1 Key Terms

  • Forced Labor Scheme
  • Default Judgment
  • Forum Non Conveniens
  • Garnishee Order
  • Compensatory Damages
  • Punitive Damages
  • Enforcement of Foreign Judgment
  • Reciprocal Enforcement of Foreign Judgment Act

15.2 Keywords

  • Foreign Judgment
  • Enforcement
  • Singapore
  • Curacao Drydock
  • Forced Labor
  • Damages

17. Areas of Law

Area NameRelevance Score
Recognition of Foreign Judgments90
Civil Procedure60
Contract Law30

16. Subjects

  • Civil Litigation
  • Enforcement of Judgments
  • International Law