OCBC v Salim bin Said: Enforcement of Mortgage Order After Six Years
The Singapore High Court addressed three ex parte applications by Oversea-Chinese Banking Corporation Limited (OCBC) and Standard Chartered Bank (Singapore) Limited for leave to issue writs of possession to enforce orders issued more than six years prior. OCBC sought to enforce a mortgage against Salim bin Said, while Standard Chartered sought to enforce mortgages against Sim Chock Oo, Tay Soon Lee, and Fikdtec Pte Ltd. The court dismissed OCBC's application due to inadequate explanation for the delay but granted Standard Chartered's applications, finding they acted diligently and the delay was due to the defendants' requests for more time to make repayments.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Summons No 648 of 2017 is dismissed. Summonses Nos 1304 and 1305 of 2017 are granted.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addresses applications for leave to enforce mortgage orders more than six years after issuance, focusing on reasons for delay.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Oversea-Chinese Banking Corporation Limited | Plaintiff, Applicant | Corporation | Application Dismissed | Dismissed | |
| Standard Chartered Bank (Singapore) Limited | Plaintiff, Applicant | Corporation | Application Granted | Won | |
| Salim bin Said | Defendant, Respondent | Individual | Application Dismissed | Won | |
| Sim Chock Oo | Defendant, Respondent | Individual | Application Granted | Lost | |
| Tay Soon Lee | Defendant, Respondent | Individual | Application Granted | Lost | |
| Fikdtec Pte Ltd | Defendant, Respondent | Corporation | Application Granted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Scott Tan | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Zikri Muzammil | Hin Tat Augustine & Partners |
| Mitchell Yeo | Rajah & Tann LLP |
4. Facts
- OCBC extended a loan to Mr. Salim, secured by a mortgage.
- Mr. Salim defaulted on the loan repayments.
- OCBC obtained orders for payment and possession in 2009.
- OCBC withheld enforcement due to Mr. Salim's representations and requests.
- Mr. Salim failed to honor his promises to make payments.
- Standard Chartered extended banking facilities to Mr. Sim, Mdm Tay and Fikdtec, secured by mortgages.
- The defendants defaulted on their repayments.
- Standard Chartered obtained orders for payment and possession in 2007.
- Enforcement proceedings were aborted due to settlement negotiations.
- The defendants repeatedly fell into arrears and fresh repayment arrangements were agreed to.
5. Formal Citations
- Oversea-Chinese Banking Corp Ltd v Salim bin Said and other matters, , [2017] SGHCR 7
6. Timeline
| Date | Event |
|---|---|
| OCBC extended a term loan to Mr. Salim bin Said. | |
| Standard Chartered extended banking facilities to Mr. Sim Chock Oo and Mdm Tay Soon Lee. | |
| Standard Chartered granted banking facilities to Fikdtec Pte Ltd. | |
| Mr. Sim, Mdm Tay, and Fikdtec defaulted on their repayments. | |
| Orders granted to Standard Chartered against Mr. Sim, Mdm Tay, and Fikdtec. | |
| Writs of possession issued for both properties. | |
| The defendants fell into arrears again. | |
| Standard Chartered commenced enforcement proceedings. | |
| Fresh repayment arrangements were agreed to. | |
| Orders granted to OCBC against Mr. Salim bin Said. | |
| Fresh enforcement proceedings were taken out by Standard Chartered. | |
| Execution scheduled for Standard Chartered. | |
| Standard Chartered informed the defendants that enforcement would be withheld. | |
| OCBC wrote to Mr. Salim informing him of action to enforce the order. | |
| Standard Chartered wrote to the defendants demanding that they surrender possession of the mortgaged properties. | |
| OCBC took out SUM 648/2017. | |
| First hearing. | |
| Standard Chartered commenced SUMs 1304 and 1305. | |
| Judgment reserved. |
7. Legal Issues
- Enforcement of Judgments
- Outcome: The court held that leave to enforce a judgment after six years is not a matter of right and depends on the specific circumstances of the case.
- Category: Procedural
- Sub-Issues:
- Delay in enforcement
- Adequacy of reasons for delay
- Prejudice to judgment debtor
- Diligence of judgment creditor
- Obstructive behavior of judgment debtor
- Related Cases:
- [2017] SGHCR 7
- [1999] 1 AC 329
- [1948] 2 KB 331
- [2005] 1 WLR 2871
- [2009] 1 SLR(R) 71
- [2009] 2 SLR(R) 659
8. Remedies Sought
- Order for Possession
- Monetary Payment
9. Cause of Actions
- Breach of Contract
- Mortgage Enforcement
10. Practice Areas
- Commercial Litigation
- Banking Law
11. Industries
- Banking
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lowsley and another v Forbes (trading as LE Design Services) | House of Lords | Yes | [1999] 1 AC 329 | United Kingdom | Cited for the history of limitation periods for the enforcement of judgments. |
| W T Lamb & Sons v Rider | English Court of Appeal | Yes | [1948] 2 KB 331 | United Kingdom | Cited to distinguish between the substantive law of limitation and the procedural law on the enforcement of judgments. |
| Ridgeway Motors (Isleworth) Ltd v Ltd | Court | Yes | [2005] 1 WLR 2871 | England | Cited for the juridical nature of a writ of scire facias. |
| Farrell v Gleeson | Court | Yes | [1844] 11 C & F 702 | N/A | Cited for the effect of a writ of scire facias creating a new right. |
| Watson v Birch | Court | Yes | [1847] 15 Sim 523 | N/A | Cited for the principle that no proceeding should be taken on a judgment after the lapse of the limitation period. |
| Jay v Johnstone | English Court of Appeal | Yes | [1893] 1 QB 189 | United Kingdom | Cited for the principle that the statutory time-bar applies to all judgments. |
| Berliner Industriebank Aktiengesellschaft v Jost | English High Court | Yes | [1971] 1 QB 278 | United Kingdom | Cited as following W T Lamb. |
| National Westminster Bank plc v Powney and others | English Court of Appeal | Yes | [1991] Ch 339 | United Kingdom | Cited for the principle that the expiration of the limitation period does not bar an application for a fresh warrant of possession. |
| Teh Siew Hua v Tan Kim Chiong | Singapore High Court | Yes | [2010] 4 SLR 123 | Singapore | Cited for the principle that applications to enforce judgments are not subject to the statutory time bar in s 6(3) of the LA. |
| Desert Palace Inc (trading as Caesars Palace) v Poh Soon Kiat | Singapore High Court | Yes | [2009] 1 SLR(R) 71 | Singapore | Cited for the court's rationale for monitoring enforcement of judgments after six years. |
| Ambank (M) Bhd v Yong Kim Yoong Raymond | Court of Appeal | Yes | [2009] 2 SLR(R) 659 | Singapore | Cited for the principles governing the grant of leave to enforce a judgment beyond the six-year period. |
| Duer v Frazer | English High Court | Yes | [2001] 1 WLR 919 | United Kingdom | Cited for the principle that leave to enforce a judgment beyond the six-year period will not be granted unless it is demonstrably just to do so. |
| BP Properties Ltd v Buckler | English Court of Appeal | Yes | [1987] 2 EGLR 168 | United Kingdom | Cited for the principle that a court would not give leave to issue execution when the right to sue on the judgment was already time-barred. |
| Dipika Patel v Sarbjit Singh | English Court of Appeal | Yes | [2002] EWCA Civ 1938 | United Kingdom | Cited for the principle that the burden rests on the judgment creditor to show that the circumstances of his or her case takes it out of the ordinary. |
| Tan Kim Seng v Ibrahim Victor Adam | Court of Appeal | Yes | [2004] 1 SLR(R) 181 | Singapore | Cited for the principle that a court would not give leave to issue execution when the right to sue on the judgment was already time-barred. |
| The Society of Lloyd’s v Jean Pierre Longtin | English High Court | Yes | [2005] EWHC 2491 (Comm) | United Kingdom | Cited for the principle that the exercise of discretion must be directed to doing justice between the parties. |
| Tio Chee Hing v Chung Khiaw Bank Ltd | Federal Court | Yes | [1981] 1 MLJ 227 | Malaysia | Cited for the principle that giving the judgment debtor an opportunity to make payment in installments is an acceptable explanation for a delay in execution. |
| Malayan Banking Bhd v Foo See Moi | Federal Court | Yes | [1981] 2 MLJ 17 | Malaysia | Cited for the principle that if there had been any delay, it had been occasioned only by the grace asked for by the defendant and given to him at his request by the bank. |
| Dennehy v Reasonable Endeavours Pty Ltd | Supreme Court of Victoria | Yes | [2001] VSC 447 | Australia | Cited for the position that the court will grant leave for execution to be issued if the judgment creditor has satisfactorily explained the delay. |
13. Applicable Rules
| Rule Name |
|---|
| Order 46 r 2(1)(a) of the Rules |
| Order 46 r 3(2)(b) of the Rules |
| Order 46 r 3(1) of the Rules |
| Order 46 r 3(2) of the Rules |
| Order 83 of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| r 68.02(4)(b) of the Supreme Court (General Civil Procedure) Rule 1996 (Vic) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
| Real Property Limitation Act 1833 (c 27) (UK) | United Kingdom |
| Real Property Limitation Act 1874 (c 57) (UK) | United Kingdom |
| Limitation Act 1939 (c 21) (UK) | United Kingdom |
| Limitation Act 1980 (c 58) (UK) | United Kingdom |
| Common Law Procedure Act 1852 (c 76) (UK) | United Kingdom |
| Supreme Court of Judicature (1873) Amendment Act 1875 (c 77) (UK) | United Kingdom |
| Civil Procedure Ordinance 1878 (Ordinance No V of 1878) | Singapore |
| Civil Procedure Code of 1907 (Ordinance No 31 of 1907) | Singapore |
| Civil Procedure Rules of the Supreme Court 1934 (S 2941/1934) | Singapore |
| Bankruptcy Act (Cap 20, 2000 Rev Ed) | Singapore |
| Limitation Act 1958 (Vic) | Australia |
15. Key Terms and Keywords
15.1 Key Terms
- Writ of Possession
- Mortgage
- Enforcement
- Limitation Period
- Leave of Court
- Judgment Debtor
- Judgment Creditor
- Ex Parte Application
- Indulgence
- Repayment Arrangement
15.2 Keywords
- mortgage
- enforcement
- writ of possession
- limitation
- delay
- Singapore
- High Court
- OCBC
- Standard Chartered
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Enforcement of Order | 95 |
| Judgments and Orders | 90 |
| Civil Practice | 75 |
| Mortgages | 60 |
| Debt Recovery | 50 |
| Credit and Security | 40 |
16. Subjects
- Civil Procedure
- Mortgages
- Banking
- Debt Recovery