DGX v DGY: Enforcement of Foreign Judgment under Reciprocal Enforcement of Foreign Judgments Act

In DGX v DGY, the High Court of Singapore dismissed an application by DGX (the Husband) to register parts of an order from the Family Court of Western Australia concerning the sale of a jointly-owned HDB flat. The court, presided over by Justice Lee Seiu Kin, held that the order, which was a non-money judgment, did not fall within the scope of judgments enforceable under the Reciprocal Enforcement of Foreign Judgments Act, as the relevant order only applied to money judgments from Australian courts. The Defendant, DGY (the Wife), was absent and unrepresented.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Application dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court refused to register an order from the Family Court of Western Australia regarding the sale of a jointly-owned HDB flat.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
DGXClaimantIndividualApplication DismissedLost
DGYDefendantIndividualApplication DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Tok Boon LeongBL Tok & Co

4. Facts

  1. The Husband and Wife were married in Singapore and migrated to Australia.
  2. The couple divorced in Western Australia, and the Family Court issued an order regarding the division of matrimonial property.
  3. The Court Order required the Husband to sell four properties, including an HDB flat in Singapore, and deposit the proceeds into a joint account.
  4. The Husband sought to register parts of the Court Order in Singapore to facilitate the sale of the HDB flat.
  5. The Court Order was a non-money judgment.
  6. The Reciprocal Enforcement of Foreign Judgments (United Kingdom and the Commonwealth) Order 2023 only applied to money judgments from Australian courts.

5. Formal Citations

    6. Timeline

    DateEvent
    Husband and Wife migrated to Australia
    Divorce granted in Western Australia Family Court
    Reciprocal Enforcement of Foreign Judgments (United Kingdom and the Commonwealth) Order 2023 came into operation
    Court Order issued by the Family Court of Western Australia
    First hearing
    Adjourned hearing; application dismissed
    Written grounds of decision given

    7. Legal Issues

    1. Enforcement of Non-Money Judgment
      • Outcome: The court held that the non-money judgment from the Family Court of Western Australia was not registrable under the Reciprocal Enforcement of Foreign Judgments Act.
      • Category: Substantive
    2. Interpretation of Reciprocal Enforcement of Foreign Judgments Act
      • Outcome: The court interpreted the Act to require a specific order by the Minister to extend its application to non-money judgments from foreign courts.
      • Category: Procedural

    8. Remedies Sought

    1. Registration of foreign judgment

    9. Cause of Actions

    • No cause of actions

    10. Practice Areas

    • Litigation

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    Ha Chi Kut (suing as the sole executrix of the estate of Khoo Ee Liam, deceased) v Chen Aun-Li AndrewHigh CourtYes[2023] 3 SLR 283SingaporeCited to support the observation that the 2019 amendments provided a framework for non-money judgments to be registered but did not make all non-money judgments immediately registrable.

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    Reciprocal Enforcement of Foreign Judgments Act 1959Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Reciprocal Enforcement of Foreign Judgments Act
    • Non-money judgment
    • Money judgment
    • HDB Flat
    • Family Court of Western Australia
    • Registration of foreign judgment

    15.2 Keywords

    • foreign judgment
    • enforcement
    • reciprocal
    • singapore
    • australia
    • HDB flat
    • non-money judgment

    17. Areas of Law

    Area NameRelevance Score
    Reciprocal Enforcement of Foreign Judgments Act95
    Enforcement of Foreign Judgments90
    Statutory Interpretation80
    Division of Matrimonial Property75
    International Law70
    Family Law60
    Civil Procedure50

    16. Subjects

    • Conflict of Laws
    • Enforcement of Foreign Judgments
    • Family Law