Chen Aun-Li Andrew v Ha Chi Kut: Enforcement of Foreign Judgment under REFJA
Chen Aun-Li Andrew appealed against the High Court's decision to uphold the registration of a foreign judgment in favor of Ha Chi Kut, the sole executrix of Khoo Ee Liam's estate. The Appellate Division of the High Court, comprising Kannan Ramesh JAD, Debbie Ong Siew Ling JAD, and Aedit Abdullah J, dismissed the appeal, holding that the relevant date for the purpose of registering the judgment under the Reciprocal Enforcement of Foreign Judgments Act is the date of the Cost Certificate, not the initial Cost Order. The court found that the application for registration was made within the statutory time limit.
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 regarding the registration of a foreign judgment. The court held that the relevant date for registration under REFJA is the date of the Cost Certificate.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chen Aun-Li Andrew | Appellant, Defendant | Individual | Appeal dismissed | Lost | |
| Ha Chi Kut (suing as the sole executrix of the estate of Khoo Ee Liam, deceased) | Respondent, Plaintiff | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kannan Ramesh | Judge of the Appellate Division | No |
| Debbie Ong Siew Ling | Judge of the Appellate Division | Yes |
| Aedit Abdullah | Judge of the High Court | No |
4. Counsels
4. Facts
- ACL, directed by Chen Aun-Li Andrew, commenced legal proceedings against Mr. Khoo in Hong Kong.
- Mr. Khoo filed a counterclaim against ACL, which was successful.
- Mr. Khoo successfully applied to join the appellant as a party to Action 4354 for the purpose of costs.
- The costs of Action 4354 and the counterclaim were taxed, and the Cost Certificate was issued on 13 May 2020.
- The respondent applied to register the Collective Judgment in Singapore on 21 June 2021.
- The appellant applied to set aside the registration of the Collective Judgment pursuant to s 5(1) of the REFJA.
5. Formal Citations
- Chen Aun-Li Andrew v Ha Chi Kut (suing as the sole executrix of the estate of Khoo Ee Liam, deceased), Civil Appeal No 31 of 2022, [2022] SGHC(A) 41
6. Timeline
| Date | Event |
|---|---|
| Court of First Instance of Hong Kong issued Cost Order. | |
| Cost Certificate issued. | |
| Respondent applied to register the Collective Judgment in Singapore. | |
| Collective Judgment was registered. | |
| Appellant applied to set aside the registration of the Collective Judgment. | |
| Assistant registrar dismissed the application. | |
| Appeal dismissed. |
7. Legal Issues
- Enforcement of Foreign Judgments
- Outcome: The court held that the relevant date for the purpose of registering the judgment under the Reciprocal Enforcement of Foreign Judgments Act is the date of the Cost Certificate.
- Category: Substantive
- Sub-Issues:
- Date of judgment for registration under REFJA
- Definition of money judgment
8. Remedies Sought
- Registration of Foreign Judgment
- Setting Aside Registration of Foreign Judgment
9. Cause of Actions
- Enforcement of Foreign Judgment
10. Practice Areas
- Litigation
- Appellate Practice
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ha Chi Kut (suing as the sole executrix of the estate of Khoo Ee Liam, deceased) v Chen Aun-Li Andrew | General Division of the High Court | Yes | [2022] SGHC 149 | Singapore | The appeal was against the decision of the Judge of the General Division of the High Court. |
| Poh Soon Kiat v Desert Palace Inc (trading as Caesars Palace) | Court of Appeal | Yes | [2010] 1 SLR 1129 | Singapore | Cited for the principle that an in personam final and conclusive foreign judgment rendered by a court of competent jurisdiction may be enforced by an action for the amount due under it if it is a judgment for a fixed sum of money. |
| Re Khong Yuen Leng; ex p Selberan Co Sdn Bhd | N/A | Yes | [2005] 5 MLJ 22 | Malaysia | Cited for the principle that the Cost Certificate merged with the Cost Order, turning an inchoate obligation to pay money into a choate obligation to pay a sum of money. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Reciprocal Enforcement of Foreign Judgments Act (Cap 265, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Reciprocal Enforcement of Foreign Judgments Act
- REFJA
- Money judgment
- Cost Order
- Cost Certificate
- Collective Judgment
- Final and conclusive judgment
15.2 Keywords
- Foreign Judgment
- Enforcement
- REFJA
- Singapore
- Cost Order
- Cost Certificate
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Enforcement of Foreign Judgments | 90 |
| Judgments and Orders | 70 |
| International Law | 60 |
| Civil Procedure | 50 |
| Jurisdiction | 40 |
16. Subjects
- Civil Procedure
- Conflict of Laws
- Enforcement of Judgments