Tan Hock Keng v Malaysian Trustees Bhd: Interpretation of 'Appeal' under RECJA
Mr. Tan Hock Keng applied for leave to appeal against the decision of the Appellate Division of the High Court in Tan Hock Keng v Malaysian Trustees Bhd, which upheld the General Division's decision regarding the registration of a Consent Judgment under the Reciprocal Enforcement of Commonwealth Judgments Act. The Court of Appeal dismissed the application, finding that the intended appeal did not raise a point of law of public importance and did not warrant further consideration.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning the interpretation of 'appeal' in the RECJA. The court dismissed the application for leave to appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Hock Keng | Applicant | Individual | Application dismissed | Lost | |
| Malaysian Trustees Berhad | Respondent | Corporation | Application dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Steven Chong | Justice of the Court of Appeal | No |
4. Counsels
4. Facts
- Mr. Tan sought leave to appeal a decision of the AD upholding a decision regarding the registration of a Consent Judgment.
- The Consent Judgment was granted by the Kuala Lumpur High Court for RM 60m with interest.
- MTB registered the Consent Judgment in Singapore under the Reciprocal Enforcement of Commonwealth Judgments Act.
- Mr. Tan applied to set aside the registration, citing Malaysia OS 455 as an 'appeal'.
- The AD dismissed Mr. Tan's application to adduce further evidence relating to Malaysia Suit 437.
- The AD held that Malaysia OS 455 did not constitute an 'appeal' within the meaning of the RECJA.
5. Formal Citations
- Tan Hock Keng v Malaysian Trustees Bhd, Originating Summons No 32 of 2021, [2022] SGCA 14
6. Timeline
| Date | Event |
|---|---|
| Mr. Tan provided a guarantee in respect of PEB’s debts to MTB. | |
| The Kuala Lumpur High Court granted a consent judgment for RM 60m with interest. | |
| MTB filed an application in the KLHC for certification of a true copy of the Consent Judgment. | |
| Mr. Tan filed Malaysia OS 455 in the KLHC. | |
| MTB registered the Consent Judgment in the Singapore courts under the RECJA. | |
| Mr. Tan applied to set aside MTB’s registration. | |
| The assistant registrar allowed Mr Tan’s application. | |
| MTB filed an appeal (RA 83) against the AR’s decision. | |
| Mr. Tan filed Malaysia Suit 437 in the KLHC. | |
| Hearing date. | |
| Judgment reserved. |
7. Legal Issues
- Interpretation of 'appeal' under s 3(2)(e) of the Reciprocal Enforcement of Commonwealth Judgments Act
- Outcome: The court did not rule on this issue because the applicant was confined to Malaysia OS 455 for the Intended Appeal.
- Category: Substantive
- Admissibility of further evidence on appeal
- Outcome: The court held that the AD's decision was simply an application of established legal principles and did not give rise to any normative proposition.
- Category: Procedural
- Related Cases:
- [2018] 2 SLR 215
8. Remedies Sought
- Leave to appeal
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
- Appellate Practice
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| UJM v UJL | Court of Appeal | Yes | [2021] SGCA 117 | Singapore | Cited for the principles governing AD/CA Leave Applications under s 47 of the SCJA and O 57 r 2A(3) of the Rules of Court. |
| Tan Hock Keng v Malaysian Trustees Bhd and another matter | High Court | Yes | [2021] SGHC(A) 18 | Singapore | The decision of the AD which Mr. Tan sought leave to appeal from. |
| Malaysian Trustees Bhd v Tan Hock Keng | High Court | Yes | [2021] SGHC 162 | Singapore | The decision of the General Division of the High Court that was upheld by the AD. |
| BNX v BOE and another appeal | Court of Appeal | Yes | [2018] 2 SLR 215 | Singapore | Cited for the requirements for receiving further evidence on appeal as to matters occurring after the date of the hearing below. |
| 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 regarding the impact of further evidence on the decision being appealed from. |
13. Applicable Rules
| Rule Name |
|---|
| Order 57 r 2A(3) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| 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
- AD/CA Leave Application
- Consent Judgment
- Point of law of public importance
- Threshold Merits Requirement
- Discretionary Appropriateness Requirement
- Further Evidence Point
- RECJA Point
15.2 Keywords
- leave to appeal
- reciprocal enforcement
- judgment
- Singapore
- Malaysian Trustees Berhad
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Enforcement of Foreign Judgments | 90 |
| Appellate Practice | 80 |
| Civil Procedure | 75 |
| Judgments and Orders | 60 |
16. Subjects
- Civil Procedure
- Appeals
- Statutory Interpretation