CoShield Global v Krittapaj Sorralump: Civil Contempt & Impecunious Judgment Debtor
In CoShield Global Pty Ltd and others v Krittapaj Sorralump [2023] SGHC 319, the General Division of the High Court of Singapore dismissed an application for committal against Krittapaj Sorralump for non-compliance with an interim and final consent judgment. The applicants, CoShield Global Pty Ltd, CoShield Global Trading Limited, and CoShield NZ Limited, sought to commit the defendant for failing to pay US$12 million as ordered in the final consent judgment. Justice Choo Han Teck held that committal proceedings were inappropriate in this case because the defendant was in a position analogous to an impecunious judgment debtor due to restrictions imposed by a Worldwide Mareva Injunction and investigations by the Commercial Affairs Department of the Singapore Police Force.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court dismisses committal application against an impecunious judgment debtor, Krittapaj Sorralump, for non-compliance with consent judgments.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CoShield Global Pty Ltd | Applicant | Corporation | Application Dismissed | Lost | Muhammad Imran Bin Abdul Rahim, Raheja Binte Jamaluddin |
| CoShield Global Trading Limited | Applicant | Corporation | Application Dismissed | Lost | Muhammad Imran Bin Abdul Rahim, Raheja Binte Jamaluddin |
| CoShield NZ Limited | Applicant | Corporation | Application Dismissed | Lost | Muhammad Imran Bin Abdul Rahim, Raheja Binte Jamaluddin |
| Krittapaj Sorralump | Defendant | Individual | Application Dismissed | Won | Uthayasurian s/o Sidambaram, Sofia Bennita d/o Mohamed Bakhash |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Muhammad Imran Bin Abdul Rahim | Eldan law LLP |
| Raheja Binte Jamaluddin | Eldan law LLP |
| Uthayasurian s/o Sidambaram | Phoenix Law Corporation |
| Sofia Bennita d/o Mohamed Bakhash | Phoenix Law Corporation |
4. Facts
- The applicants sued the defendant for fraudulent and/or negligent misrepresentations that induced them to buy nitrile gloves.
- The applicants obtained an interim consent judgment against the defendant.
- The parties engaged in further negotiations and obtained a final consent judgment.
- The defendant did not comply with some of the orders in the final consent judgment.
- The defendant has assets in Thailand, but it is too difficult for the applicants to enforce the judgment there.
- The defendant facilitated the transfer of his Marina One Residence to the liquidators of Nakawat Singapore.
- The defendant is currently unemployed and unable to do business due to investigations against him by the Commercial Affairs Department.
5. Formal Citations
- CoShield Global Pty Ltd and othersvKrittapaj Sorralump, Originating Application No 666 of 2023, [2023] SGHC 319
6. Timeline
| Date | Event |
|---|---|
| Applicants sued the defendant for fraudulent and/or negligent misrepresentations. | |
| Nakawat Singapore was wound up. | |
| Interim consent judgment obtained. | |
| Final consent judgment obtained. | |
| Deadline for defendant to provide security of US$2m in the form of a banker’s guarantee. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Civil Contempt
- Outcome: The court held that committal proceedings were inappropriate in this case because the defendant was in a position analogous to that of an impecunious judgment debtor.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 342
- [2016] 3 SLR 1
- Enforcement of Monetary Judgments
- Outcome: The court held that committal proceedings may not be appropriate for all situations where a judgment creditor seeks to enforce a monetary judgment, especially against an impecunious judgment debtor.
- Category: Procedural
- Related Cases:
- [2016] 3 SLR 1
8. Remedies Sought
- Committal
- Monetary Damages
9. Cause of Actions
- Fraudulent Misrepresentation
- Negligent Misrepresentation
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Personal Protection Equipment
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tay Kar Oon v Tahir | Court of Appeal | Yes | [2017] 2 SLR 342 | Singapore | Cited for the principle that a defendant may still be held liable in contempt for non-compliance with an interim judgment, notwithstanding that it has been superseded by a final judgment. |
| Mok Kah Hong v Zheng Zhuan Yao | Court of Appeal | Yes | [2016] 3 SLR 1 | Singapore | Cited for the principle that a monetary judgment may be enforced by committal, but committal proceedings should not be used against an impecunious judgment debtor. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Administration of Justice (Protection) Act 2016 (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Civil Contempt
- Impecunious Judgment Debtor
- Consent Judgment
- Worldwide Mareva Injunction
- Committal Proceedings
15.2 Keywords
- contempt of court
- civil contempt
- impecunious judgment debtor
- consent judgment
- mareva injunction
16. Subjects
- Civil Litigation
- Contempt of Court
- Debt Enforcement
17. Areas of Law
- Civil Procedure
- Contempt of Court
- Debt Recovery