Pacific Harbor Advisors v Tiny Tantono: Examination of Judgment Debtor & Scope of Questioning

In Pacific Harbor Advisors Pte Ltd and another v Tiny Tantono (representative of the estate of Lim Susanto, deceased) and another suit, the High Court of Singapore addressed the issue of whether a judgment creditor is permitted to ask questions about the historical assets of a judgment debtor during an examination of judgment debtor. The court held that the judgment creditor is not permitted to ask questions concerning the historical aspect of the estate of the deceased even if such questions have a nexus to the property that the estate has wheresoever situated.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment Creditor is not permitted to ask questions concerning the historical aspect of the estate of the deceased even if such questions have a nexus to the property that the estate has wheresoever situated.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court addresses the scope of questioning during an examination of a judgment debtor, specifically regarding historical assets.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Credit Suisse AG, Singapore BranchPlaintiff, Judgment CreditorCorporationExamination of judgment debtor limitedPartial
Pacific Harbor Advisors Pte LtdPlaintiff, Judgment CreditorCorporationExamination of judgment debtor limitedPartial
LIM Asia Multi-Strategy Fund IncPlaintiff, Judgment CreditorCorporationExamination of judgment debtor limitedPartial
Tiny Tantono (representative of the estate of Lim Susanto, deceased)Defendant, Judgment DebtorIndividualScope of examination limitedWon

3. Judges

Judge NameTitleDelivered Judgment
Tan Teck Ping KarenAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Gregory VijayendranRajah & Tann LLP
Benjamin SmithRajah & Tann LLP
Ronald WongRajah & Tann LLP
Oh Sheng LoongWong Partnership LLP
Monica ChongWong Partnership LLP
Edmund KohWong Partnership LLP
Alphis TayDrew & Napier LLC
Rakesh KirpalaniDrew & Napier LLC

4. Facts

  1. Lim provided a personal guarantee to Pacific, Credit Suisse, and LIM Asia for loans granted to BSL.
  2. BSL defaulted on the loans.
  3. Pacific and Credit Suisse commenced Suit No. 795 of 2012 against Lim’s estate.
  4. LIM Asia commenced Suit No. 863 of 2012 against Lim’s estate.
  5. Madam Tiny Tantono was appointed the litigation representative of Lim’s estate.
  6. Final judgment was entered in favor of the Plaintiffs in both suits on 28 March 2014.
  7. The Judgment Creditors obtained an order for the examination of judgment debtors.

5. Formal Citations

  1. Pacific Harbor Advisors Pte Ltd and another v Tiny Tantono (representative of the estate of Lim Susanto, deceased) and another suit, Suit No 795 of 2012 (Summons No 2527 of 2014) and Suit No 863 of 2012 (Summons No 3387 of 2014), [2015] SGHCR 3

6. Timeline

DateEvent
Lim Susanto passed away
Pacific and Credit Suisse commenced Suit No. 795 of 2012 against Lim’s estate
LIM Asia commenced Suit No. 863 of 2012 against Lim’s estate
Final judgment was entered in favor of the Plaintiffs in Suit No. 795 of 2012 and Suit No. 863 of 2012
Examination of Madam Tiny Tantono commenced
Further arguments were heard on the issue of historical assets
Judgment reserved

7. Legal Issues

  1. Scope of Examination of Judgment Debtor
    • Outcome: The court held that the Judgment Creditor is not permitted to ask questions concerning the historical aspect of the estate of the deceased even if such questions have a nexus to the property that the estate has wheresoever situated.
    • Category: Procedural
    • Sub-Issues:
      • Historical assets
      • Nexus to current property

8. Remedies Sought

  1. Examination of Judgment Debtor

9. Cause of Actions

  • Breach of Contract
  • Enforcement of Guarantee

10. Practice Areas

  • Litigation

11. Industries

  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
United Overseas Bank Ltd v Thye Nam Loong (S) Pte Ltd and OthersHigh CourtYes[1994] SGHC 262SingaporeCited for the purpose of examination of judgment debtor is to enable the judgment creditor to obtain the necessary information from the judgment debtor in order to enforce a judgment.
Watkins v RossN/AYes(1893) 68 LT 423EnglandCited to establish that a broad brush approach cannot be taken in determining the questions that may be addressed to a judgment debtor in an examination of judgment debtor.
McCormack v National Australia Bank LtdFederal Court of AustraliaYes(1992) 106 ALR 647AustraliaCited for the principle that only questions that concern means or property that are presently available to the judgment debtor will be allowed.
Bloomsbury International Ltd v Nouvelle Foods (Hong Kong) LtdCourt of First InstanceYes[2005] 1 HKC 337Hong KongCited to support the holding that a judgment debtor may only be examined in respect of means or property which is presently available.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Order 48 rule 1(1) of the Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Examination of judgment debtor
  • Historical aspect
  • Nexus
  • Property of the estate
  • Judgment Creditor
  • Judgment Debtor

15.2 Keywords

  • examination of judgment debtor
  • historical assets
  • Singapore
  • civil procedure

17. Areas of Law

Area NameRelevance Score
Estate Administration90
Judgments and Orders80
Civil Procedure70
Garnishee Proceedings60

16. Subjects

  • Civil Procedure
  • Debt Recovery