Resorts World at Sentosa Pte Ltd v Sze Siu Hung: Service Out of Jurisdiction and Setting Aside Default Judgment

In Resorts World at Sentosa Pte Ltd v Sze Siu Hung, the High Court of Singapore dismissed the defendant's appeals against the assistant registrar's decision. The defendant sought to set aside the order for leave to serve cause papers out of jurisdiction, the order for substituted service, and the default judgment entered against him. The court found the defendant was evading service and that his alleged defenses lacked credibility. The court dismissed the defendant's appeals and application to adduce further evidence.

1. Case Overview

1.1 Court

High Court of Singapore

1.2 Outcome

Defendant's appeals and application to adduce further evidence dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court case regarding service out of jurisdiction and setting aside a default judgment. The court dismissed the defendant's appeals.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Resorts World at Sentosa Pte LtdPlaintiffCorporationAppeals DismissedWon
Sze Siu HungDefendant, AppellantIndividualAppeals DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Shankar s/o Angammah SevasamyStraits Law Practice LLC
Qiu Jiehao IvanStraits Law Practice LLC
Lee PingShook Lin & Bok LLP
Chan Ming Onn DavidShook Lin & Bok LLP
Tan Su HuiShook Lin & Bok LLP
Chng YanShook Lin & Bok LLP

4. Facts

  1. The plaintiff operates a casino in Singapore.
  2. The defendant, a Hong Kong citizen, used $15m from a credit facility given by the plaintiff.
  3. A Hong Kong address was stated as the defendant’s residential address in the credit agreement.
  4. Partial payments and rebates left a balance of $8,380,577 to be paid by the defendant.
  5. The plaintiff's solicitors sent a letter of demand to addresses in Hong Kong and Fujian, China.
  6. The defendant's Hong Kong solicitors replied to the letter of demand, denying the plaintiff's claim.
  7. The plaintiff commenced a suit for the repayment of $8,380,577.

5. Formal Citations

  1. Resorts World at Sentosa Pte Ltd v Sze Siu Hung, HC/Suit No 1245 of 2016, [2018] SGHC 100

6. Timeline

DateEvent
Defendant used $15m from a credit facility at the plaintiff's casino.
Partial payments and rebates began to be set-off against the $15m owed.
Partial payments and rebates were set-off against the $15m owed.
Plaintiff's solicitors sent a letter of demand to four addresses connected to the defendant.
Defendant's Hong Kong solicitors replied to the 26 October 2016 letter.
Defendant's Hong Kong solicitors sent another letter denying the plaintiff's claim.
Plaintiff commenced suit for repayment of $8,380,577.
Plaintiff applied for leave for service of the cause papers out of jurisdiction.
Defendant's Hong Kong solicitors replied that they did not have instructions to accept service.
Substituted service was effected.
Plaintiff entered default judgment against the defendant.
Defendant applied to set aside the Hong Kong court's order registering the default judgment.
Judgment reserved.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Service out of jurisdiction
    • Outcome: The court held that the plaintiff was entitled to state that the defendant is, or probably may be found, in Hong Kong.
    • Category: Procedural
  2. Substituted service
    • Outcome: The court found that the defendant knew of the proceedings and that the plaintiff made reasonable efforts to bring the cause papers to his notice.
    • Category: Procedural
  3. Setting aside default judgment
    • Outcome: The court rejected the defendant's arguments for setting aside the default judgment, finding his alleged defenses lacked credibility.
    • Category: Procedural

8. Remedies Sought

  1. Repayment of debt

9. Cause of Actions

  • Debt Recovery

10. Practice Areas

  • Litigation

11. Industries

  • Casino
  • Hospitality

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 332, R 5, 2014 Rev Ed) O 11 r 2(1)(c)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Credit facility
  • Substituted service
  • Default judgment
  • Service out of jurisdiction
  • Full and frank disclosure

15.2 Keywords

  • Service out of jurisdiction
  • Default judgment
  • Debt recovery
  • Casino
  • Singapore High Court

17. Areas of Law

Area NameRelevance Score
Judgments and Orders80
Civil Practice75
Service of document65
Jurisdiction60
Summary Judgement50
Contract Law40
Business Law30

16. Subjects

  • Civil Procedure
  • Debt Recovery