Sun Travels v Hilton: Examination of Judgment Debtor & Enforceability of Foreign Assets

In Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd, the Singapore Court of Appeal dismissed an appeal by Sun Travels against the High Court's decision, which had affirmed the Assistant Registrar's decision regarding the examination of judgment debtor (EJD) proceedings. The central legal issue was the interpretation of Order 48 Rule 1(1) of the Rules of Court, specifically whether questions in EJD proceedings are permissible regarding assets located in a foreign jurisdiction (Maldives) where the Singapore judgment may not be enforceable. The Court of Appeal held that the EJD process is for information gathering to determine how a judgment might be enforced, regardless of the asset's location or immediate enforceability of the judgment in that location.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The Court of Appeal held that EJD proceedings allow information gathering on a judgment debtor's assets, even if located in a jurisdiction where the judgment is not enforceable.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Hilton International Manage (Maldives) Pvt LtdRespondent, PlaintiffCorporationAppeal UpheldWon
Sun Travels & Tours Pvt LtdAppellant, DefendantCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Andrew Phang Boon LeongJudge of AppealYes
Judith PrakashJudge of AppealNo
Chao Hick TinSenior JudgeNo

4. Counsels

Counsel NameOrganization
David Isidore TanRajah & Tann Singapore LLP
Toby Landau QCEssex Court Chambers Duxton (Singapore Group Practice)
Paul TanRajah & Tann Singapore LLP
Alessa PangRajah & Tann Singapore LLP
Ho Wei JieWongPartnership LLP
Jenny TsinWongPartnership LLP
Wang Chen YanWongPartnership LLP

4. Facts

  1. The respondent obtained awards in arbitration proceedings.
  2. The respondent obtained leave to enforce the awards in Singapore.
  3. A Singapore Judgment was granted, forming the basis of EJD proceedings.
  4. The appellant objected to questions regarding assets in the Maldives.
  5. The Maldivian court had decided against enforcement of the awards.
  6. The High Court permitted questions related to assets of the appellant located in the Maldives.

5. Formal Citations

  1. Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd, Civil Appeal No 209 of 2019, [2020] SGCA 65

6. Timeline

DateEvent
Originating Summons No 762 of 2017 filed in High Court
High Court judge affirmed the decision of the learned Assistant Registrar in [2019] SGHC 291
Civil Appeal No 209 of 2019 filed
Court of Appeal dismissed the appeal

7. Legal Issues

  1. Examination of Judgment Debtor
    • Outcome: The court held that the EJD process allows for information gathering on assets regardless of their location or the immediate enforceability of the judgment in that location.
    • Category: Procedural
    • Sub-Issues:
      • Scope of examination
      • Admissibility of questions regarding foreign assets

8. Remedies Sought

  1. Examination of Judgment Debtor
  2. Enforcement of Judgment

9. Cause of Actions

  • Enforcement of Arbitration Award

10. Practice Areas

  • Commercial Litigation
  • Arbitration

11. Industries

  • Tourism

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt LtdHigh CourtYes[2019] SGHC 291SingaporeAffirmed the decision of the Assistant Registrar regarding the examination of judgment debtor proceedings.
PT Bakrie Investindo v Global Distressed Alpha Fund I Ltd PartnershipCourt of AppealYes[2013] 4 SLR 1116SingaporeEmphasized that EJD proceedings relate to information gathering and do not involve execution of the judgment concerned.
Indian Overseas Bank v Sarabjit SinghHigh CourtYes[1990] 3 MLJ xxxiMalaysiaDecision of the AR that was found to be inconsistent with the current decision and should not be followed.
Pacific Harbor Advisors Pte Ltd and another v Tiny Tantono (representative of the estate of Lim Susanto, deceased) and another suitSingapore High CourtYes[2015] SGHCR 3SingaporeConsistent with the approach that EJD proceedings relate to information gathering and do not involve execution of the judgment concerned.
Bloomsbury International Ltd v Nouvelle Foods (Hong Kong) LtdHong Kong Court of First InstanceYes[2005] 1 HKC 337Hong KongCited regarding the limits of questions that can be asked in EJD proceedings in relation to foreign assets.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
International Arbitration Act (Cap. 143A), Section 19Singapore
Rules of Court (Cap 322, R 5, 2014 Rev Ed), Order 48 r 1(1)Singapore
Rules of Court (Cap 322,R5, 2006 Rev Ed), Order 69ASingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Examination of Judgment Debtor
  • EJD proceedings
  • Enforcement of judgment
  • Rules of Court
  • Information gathering
  • Foreign assets
  • Comity

15.2 Keywords

  • Examination of Judgment Debtor
  • Enforcement
  • Arbitration
  • Singapore
  • Maldives
  • Assets
  • Information Gathering

17. Areas of Law

Area NameRelevance Score
Civil Procedure80
Judgments and Orders70
Arbitration60
International Arbitration50
Jurisdiction40
Asset Recovery30
Costs20

16. Subjects

  • Civil Procedure
  • Arbitration Law
  • Enforcement of Judgments