Malaysian Trustees Bhd v Tan Hock Keng: Registration of Foreign Judgment & Appeal Under Reciprocal Enforcement of Commonwealth Judgments Act

In Malaysian Trustees Bhd v Tan Hock Keng, the High Court of Singapore heard an appeal regarding the registration of a consent judgment obtained in Malaysia. The plaintiff, Malaysian Trustees Bhd, sought to register the Malaysian consent judgment in Singapore under the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA). The defendant, Tan Hock Keng, opposed the registration, arguing that a pending application in Malaysia for an extension of time to comply with the consent judgment constituted an appeal under RECJA and that registration would violate public policy. The court allowed the appeal, holding that the Malaysian application did not amount to an appeal under RECJA and that registration was not against public policy. The court ordered costs to be paid by the defendant to the plaintiff.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court allows registration of a Malaysian consent judgment under RECJA, despite a pending appeal in Malaysia for an extension of time to pay.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Hock KengDefendant, AppellantIndividualAppeal DismissedLost
Malaysian Trustees BhdPlaintiff, RespondentCorporationAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Philip JeyaretnamJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Poon Guokun NicholasBreakpoint LLC
Tan Zhi Min AshtonBreakpoint LLC
Ng Yeow KhoonShook Lin & Bok LLP
Claudia Marianne Frankie KhooShook Lin & Bok LLP

4. Facts

  1. Plaintiff is a Malaysian trust company.
  2. Defendant is a director of Pilecon Engineering Bhd.
  3. Defendant gave a personal guarantee to the plaintiff for Pilecon's debts.
  4. Consent judgment was granted in Malaysia for RM60m plus interest.
  5. Defendant sought an extension of time to comply with the consent judgment in Malaysia.
  6. Plaintiff sought to register the consent judgment in Singapore under RECJA.
  7. Defendant applied to set aside the registration in Singapore.

5. Formal Citations

  1. Malaysian Trustees BhdvTan Hock Keng, Originating Summons No 1113 of 2020 (Registrar’s Appeal No 83 of 2021), [2021] SGHC 162

6. Timeline

DateEvent
Personal guarantee given by defendant to plaintiff
Interest accrues on RM60m at 5% per annum
Plaintiff's solicitors' letter regarding settlement terms
Plaintiff's solicitors' letter regarding settlement terms
Consent judgment granted by High Court of Malaya
Execution withheld until this date
Plaintiff's solicitors issued letter of demand for RM46,759,886.91
Application for certification of consent judgment allowed in Malaysia
Defendant filed originating summons in Malaysia seeking extension of time
Plaintiff filed proceedings in Singapore to register consent judgment
Consent judgment registered in Singapore
Defendant applied to set aside registration
Assistant Registrar granted defendant's application to set aside registration
Malaysian originating summons dismissed by High Court of Malaya
Defendant filed appeal against dismissal of Malaysian originating summons
Plaintiff's appeal allowed by High Court of Singapore
Grounds of decision issued

7. Legal Issues

  1. Registration of Foreign Judgment
    • Outcome: The court held that the Malaysian application for an extension of time did not constitute an appeal under RECJA and that registration was not against public policy.
    • Category: Procedural
    • Sub-Issues:
      • Interpretation of 'appeal' under RECJA
      • Public policy considerations in enforcing foreign judgments
      • Discretion of court to register foreign judgment

8. Remedies Sought

  1. Registration of Foreign Judgment
  2. Monetary Payment

9. Cause of Actions

  • Enforcement of Guarantee
  • Registration of Foreign Judgment

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Malaysian Trustees BhdvTan Hock KengGeneral Division of the High CourtYes[2021] SGHC 162SingaporeThis is the current judgment itself.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed)Singapore
Reciprocal Enforcement of Foreign Judgments Act (Cap 265, 2001 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Reciprocal Enforcement of Commonwealth Judgments Act
  • Consent Judgment
  • Extension of Time
  • International Comity
  • Public Policy
  • Registration of Foreign Judgment

15.2 Keywords

  • Foreign Judgment
  • Registration
  • Appeal
  • RECJA
  • Singapore
  • Malaysia

17. Areas of Law

Area NameRelevance Score
Reciprocal Enforcement of Commonwealth Judgments Act95
Enforcement of Foreign Judgments90
Judgments and Orders80
Civil Procedure75
Private International Law60

16. Subjects

  • Civil Procedure
  • Conflict of Laws
  • Enforcement of Judgments