Art Ask Agency SL v Person(s) Unknown (“LXS-WL STORE”): Enforcement Order and Debt Attachment Dispute

Art Ask Agency SL, a Spanish company, sought to enforce a US judgment against unknown entities operating e-commerce stores on AliExpress. The High Court of Singapore addressed disputes arising from an enforcement order to attach debts from Alipay Merchant Services Pte Ltd (AMS), a non-party. The court ruled on whether AMS must pay security deposits and intellectual property amounts, the costs AMS could deduct, and the duration of the enforcement order's debt attachment. The court awarded costs of the application to the enforcement applicant.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Application granted in part and dismissed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over enforcement order to attach debts from a non-party. The court determined the scope of debt attachment and cost deductions.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Art Ask Agency SLClaimantCorporationApplication granted in partPartial
Person(s) Unknown (“LXS-WL STORE”) and othersDefendantOtherApplication dismissed in partLost
Alipay Merchant Services Pte LtdOtherCorporationApplication dismissed in partLost

3. Judges

Judge NameTitleDelivered Judgment
Gan Kam YuinAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Lim GeruiDrew & Napier LLC
Melinna Teo Jue LuoDrew & Napier LLC
Mohammed RezaJWS Asia Law Corporation
Nigel PereiraJWS Asia Law Corporation
Darren Low Jun JieJWS Asia Law Corporation

4. Facts

  1. Art Ask Agency SL obtained a US judgment against unknown entities operating e-commerce stores on AliExpress.
  2. The claimant commenced an action in Singapore to enforce the US judgment.
  3. The claimant obtained default judgments in Singapore against the defendants.
  4. Payment was not made by any of the enforcement respondents.
  5. The enforcement applicant took out enforcement proceedings to attach monies in 214 enforcement respondents’ accounts with AMS.
  6. AMS objected to the attachment of certain parts of the debts.
  7. AMS applied to Court for orders to release specific parts of the debts which had been attached under EO 14.

5. Formal Citations

  1. Art Ask Agency SL v Person(s) Unknown (“LXS-WL STORE”) and others, Originating Claim No 331 of 2022, [2023] SGHCR 14

6. Timeline

DateEvent
US Judgment obtained by the claimant against the defendants.
Action commenced in Singapore against the defendants.
Enforcement proceedings initiated to attach monies in the enforcement respondents’ accounts with AMS.
Enforcement order issued.
Notice of Attachment served on AMS.
Hearing date.
Hearing date.
Hearing date.
Judgment date.

7. Legal Issues

  1. Enforcement of Judgments
    • Outcome: The court addressed the scope and duration of an enforcement order to attach debts.
    • Category: Procedural
  2. Debt Attachment
    • Outcome: The court determined which debts were subject to attachment under the enforcement order.
    • Category: Substantive
  3. Entitlement to Costs
    • Outcome: The court ruled on the non-party's entitlement to deduct costs from the attached debts.
    • Category: Substantive

8. Remedies Sought

  1. Attachment of Debts

9. Cause of Actions

  • Enforcement of Foreign Judgment

10. Practice Areas

  • Commercial Litigation

11. Industries

  • E-commerce
  • Financial Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
Rules of Court 2021 Order 22 r 10(1)
Rules of Court 2021 Order 22 r 10(2)
Rules of Court 2021 Order 22 r 10(4)
Rules of Court 2021 Order 22 r 10(5)(a)
Rules of Court 2021 Order 22 r 6(8)
Rules of Court 2021 Order 22 r 6(4)(f)
Rules of Court 2021 Order 22 r 2(2)(c)
Rules of Court 2021 Order 22 r 2(5)
Rules of Court 2021 Order 22 r 2(6)
Rules of Court 2021 Order 22 r 6(4)
Rules of Court 2021 Order 22 r 6(4)(a)
Rules of Court 2021 Order 22 r 6(4)(e)

14. Applicable Statutes

Statute NameJurisdiction
Payment Services Act 2019Singapore
Evidence Act 1893Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Enforcement Order
  • Debt Attachment
  • Non-Party
  • Security Deposits
  • Intellectual Property Amounts
  • Alipay Merchant Services
  • Rules of Court 2021

15.2 Keywords

  • Enforcement Order
  • Debt Attachment
  • Rules of Court
  • Singapore
  • Civil Procedure

17. Areas of Law

Area NameRelevance Score
Enforcement of Order90
Attachment of Debts85
Judgments and Orders80
Civil Procedure75
Garnishee Proceedings60
Contract Law30

16. Subjects

  • Civil Procedure
  • Enforcement of Judgments
  • Debt Recovery