Tan Hock Keng v Malaysian Trustees Berhad: Setting Aside Registration of Foreign Judgment Under RECJA
Tan Hock Keng appealed against the High Court's decision to allow Malaysian Trustees Berhad (MTB) to register a consent judgment obtained in Malaysia. The Appellate Division of the High Court dismissed the appeal, finding that the proceedings in Malaysia did not qualify as a pending appeal under the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA). The court also dismissed Mr. Tan's application to adduce further evidence.
1. Case Overview
1.1 Court
Appellate Division of the High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal to set aside the registration of a foreign judgment. The court dismissed the appeal, finding no grounds to set aside the registration.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Hock Keng | Appellant, Defendant | Individual | Appeal dismissed | Lost | Poon Guokun Nicholas, Chan Michael Karfai, Tan Zhi Min Ashton |
| Malaysian Trustees Berhad | Respondent, Plaintiff | Corporation | Appeal Allowed | Won | Ng Yeow Khoon, Claudia Marianne Frankie Khoo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge of the Appellate Division | Yes |
| See Kee Oon | Judge of the High Court | No |
| Chua Lee Ming | Judge of the High Court | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Poon Guokun Nicholas | Breakpoint LLC |
| Chan Michael Karfai | Breakpoint LLC |
| Tan Zhi Min Ashton | Breakpoint LLC |
| Ng Yeow Khoon | Shook Lin & Bok LLP |
| Claudia Marianne Frankie Khoo | Shook Lin & Bok LLP |
4. Facts
- Mr. Tan provided a guarantee to MTB for PEB’s debts in 2015.
- A consent judgment was entered in Malaysia in November 2019 for RM 60m.
- Mr. Tan sought a declaration in Malaysia that the consent judgment was valid and binding.
- Mr. Tan later sought rectification of the consent judgment in a separate Malaysian suit.
- MTB applied to register the Malaysian consent judgment in Singapore.
- Mr. Tan applied to set aside the registration of the consent judgment in Singapore.
- The High Court allowed the registration of the consent judgment.
5. Formal Citations
- Tan Hock Keng v Malaysian Trustees Bhd and another matter, Civil Appeal No 54 of 2021, [2021] SGHC(A) 18
6. Timeline
| Date | Event |
|---|---|
| Mr. Tan provided a guarantee to MTB for PEB’s debts. | |
| Parties entered into the 2019 Consent Judgment for RM 60m. | |
| Terms of the 2019 Consent Judgment were subject to the terms of two letters. | |
| Terms of the 2019 Consent Judgment were subject to the terms of two letters. | |
| Mr. Tan applied to set aside the registration in HC/SUM 5562/2020. | |
| Malaysia OS 455 was dismissed by the High Court of Malaya in Kuala Lumpur. | |
| Mr Tan’s Appellant’s Case was dated. | |
| Malaysia Suit 437 was commenced. | |
| Application made on 18 October 2021 (“SUM 26”). | |
| Judgment delivered. | |
| Appeal for Malaysia OS 455 is due to be heard. |
7. Legal Issues
- Setting aside registration of a foreign judgment
- Outcome: The court held that the Malaysian application did not qualify as a pending appeal under s 3(2)(e) of the RECJA.
- Category: Substantive
- Sub-Issues:
- Whether an application qualifies as a pending appeal
- Interpretation of 'appeal' under RECJA
- Adducing further evidence on appeal
- Outcome: The court dismissed the application to adduce further evidence, finding that the new evidence was not relevant to the decision appealed against.
- Category: Procedural
- Sub-Issues:
- Materiality of new evidence
- Relevance of new evidence to the decision appealed against
8. Remedies Sought
- Setting aside registration of foreign judgment
- Stay of execution
9. Cause of Actions
- Enforcement of Foreign Judgment
10. Practice Areas
- Commercial Litigation
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| BNX v BOE and another appeal | Court of Appeal | Yes | [2018] SGCA 29 | Singapore | Cited for the principle that the Ladd v Marshall requirements apply when considering further evidence on appeal, adapted for new developments after the earlier decision. |
| Ladd v Marshall | N/A | Yes | [1954] 1 WLR 1489 | N/A | Cited for the requirements to adduce further evidence in aid of the appeal. |
| Zhu Xiu Chun (alias Myint Myint Kyi) v Rockwills Trustee Ltd (administrators of the estate of and on behalf of the dependants of Heng Ang Tee Franklin, deceased) and other appeals | Court of Appeal | Yes | [2016] 5 SLR 412 | Singapore | Cited for the justification behind admitting further evidence as to matters occurring after the date of the judgment. |
| Tan Cheng Bock v Attorney-General | N/A | Yes | [2017] 2 SLR 850 | Singapore | Cited for the principle that primacy should be accorded to the text of the provision and its statutory context over any extraneous material. |
| Alrich Development Pte Ltd v Rafiq Jumabhoy | N/A | Yes | [1995] SGCA 53 | Singapore | Cited for the principle that statutory meanings for the same words may be borrowed from other statutes if used in the same sense in both statutes. |
| Chief Assessor and another v First DCS Pte Ltd | N/A | Yes | [2008] SGCA 15 | Singapore | Cited for the principle that statutory meanings for the same words may be borrowed from other statutes if used in the same sense in both statutes. |
| Skyventure VWT Singapore Pte Ltd v Chief Assessor and another and another matter | N/A | Yes | [2021] SGCA 40 | Singapore | Cited for the principle that statutory meanings for the same words may be borrowed from other statutes if used in the same sense in both statutes. |
| Malaysian Trustees Bhd v Tan Hock Keng | High Court | Yes | [2021] SGHC 162 | Singapore | Affirming the Judge’s decision that Malaysia OS 455 as not amounting to an appeal. |
| R (Miller) v Secretary of State for Exiting the EU | UK Supreme Court | Yes | [2017] 1 All ER 593 | United Kingdom | Cited for the definition of ‘in pari materia’. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, Rev. Ed 1985) | Singapore |
| s 3(2)(e) RECJA | Singapore |
| Rules of Court (2014 Rev Ed) | Singapore |
| O 67 r 9(3) of the Rules of Court | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| s 41(5) of the Supreme Court of Judicature Act | Singapore |
| s 41(3) of the SCJA | Singapore |
| Reciprocal Enforcement of Foreign Judgments Act (Cap 265, 2001 Rev Ed) | Singapore |
| s 2(1) of REFJA | Singapore |
| s 3(1) RECJA | Singapore |
| s 3(1) and 3(2) REFJA | Singapore |
| s 3(5) REFJA | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Reciprocal Enforcement of Commonwealth Judgments Act
- Foreign judgment registration
- Pending appeal
- Malaysia OS 455
- Malaysia Suit 437
- Consent judgment
- Stay of execution
- Adducing further evidence
15.2 Keywords
- Foreign judgment
- Registration
- Appeal
- RECJA
- Singapore
- Malaysian Trustees Berhad
- Tan Hock Keng
16. Subjects
- Civil Procedure
- Conflict of Laws
- Enforcement of Foreign Judgments
17. Areas of Law
- Civil Procedure
- Foreign Judgments
- Reciprocal Enforcement of Commonwealth Judgments Act