Ermgassen & Co Ltd v Sixcap Financials Pte Ltd: Enforcement of UK Judgment under Choice of Court Agreements Act

In Ermgassen & Co Limited v Sixcap Financials Pte Ltd, the High Court of Singapore granted the Plaintiff's application to recognize and enforce a summary judgment from the High Court of Justice of England and Wales against the Defendant, Sixcap Financials Pte Ltd, for €1,013,536.48 plus costs. The court found that the judgment fell within the scope of the Choice of Court Agreements Act, as it involved an exclusive choice of court agreement designating the English courts and concerned a civil or commercial matter. The claim was for unpaid invoices for financial advice. The court granted the enforcement application.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Enforcement Application granted.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court enforces a UK summary judgment against Sixcap Financials under the Choice of Court Agreements Act, concerning unpaid invoices.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ermgassen & Co LimitedPlaintiffCorporationEnforcement Application grantedWon
Sixcap Financials Pte LimitedDefendantCorporationEnforcement Application grantedLost

3. Judges

Judge NameTitleDelivered Judgment
Colin SeowAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Jamal Siddique PeerShook Lin & Bok LLP

4. Facts

  1. Ermgassen & Co Limited sought to enforce a summary judgment from the High Court of Justice of England and Wales against Sixcap Financials Pte Ltd.
  2. The summary judgment was for €1,013,536.48 plus costs assessed at £38,635.
  3. The claim arose from unpaid invoices for financial advice and related professional services.
  4. The parties' engagement letter contained an exclusive jurisdiction clause in favor of the English courts.
  5. Singapore is a contracting state to the Hague Convention on Choice of Court Agreements.
  6. The UK is a contracting state to the Hague Convention on Choice of Court Agreements through its membership in the EU.

5. Formal Citations

  1. Ermgassen & Co Ltd v Sixcap Financials Pte Ltd, Originating Summons No 680 of 2018, [2018] SGHCR 8

6. Timeline

DateEvent
Hague Convention on Choice of Court Agreements done at The Hague
Mexico acceded to the Hague Convention
EU signed the Hague Convention
Singapore signed the Convention on Choice of Court Agreements
Hague Convention entered into force for Mexico and the EU
Choice of Court Agreements Bill passed by Parliament
Singapore ratified the Hague Convention
Confirmation of the Engagement Letter signed by a director of the Defendant
Hague Convention entered into force for Singapore
Ermgassen & Co Limited filed an ex parte Originating Summons No 680 of 2018
Oral hearing conducted in Chambers
Judgment Reserved

7. Legal Issues

  1. Enforcement of Foreign Judgment
    • Outcome: The court granted the enforcement application, recognizing and enforcing the UK summary judgment.
    • Category: Substantive
  2. Applicability of the Choice of Court Agreements Act
    • Outcome: The court found that the Act applied to the summary judgment.
    • Category: Substantive

8. Remedies Sought

  1. Recognition and enforcement of foreign judgment
  2. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • International Law

11. Industries

  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
N/AN/ANoN/AN/AN/A

13. Applicable Rules

Rule Name
O 111 r 2 of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Choice of Court Agreements Act (Cap 39A, 2017 Rev Ed)Singapore
Order 111 of the Rules of Court (Cap 322, R5, 2014 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Choice of Court Agreement
  • Hague Convention
  • Exclusive Jurisdiction Clause
  • Contracting State
  • Enforcement of Foreign Judgment
  • Summary Judgment

15.2 Keywords

  • Enforcement
  • Foreign Judgment
  • Choice of Court Agreement
  • Hague Convention
  • Singapore
  • UK
  • Sixcap Financials
  • Ermgassen & Co

17. Areas of Law

Area NameRelevance Score
Enforcement of Foreign Judgments90
Civil Practice75
International Law60
International Commercial Law50
Contract Law30

16. Subjects

  • Enforcement of Foreign Judgments
  • Choice of Court Agreements
  • Civil Procedure
  • Private International Law