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Enforcement of judgments and orders

*note: I have updated the provisions for ROC but the lecture notes and the muggers are still old. The
lecturer himself gave provisions fr the prev ROC.

• Post judgement issues – judgement already gotten – judgement creditors – person against whom u are
seeking to enforce judgement – judgement debtor
• The importance of enforcement of judgment and orders cannot be understated. It is crucial to be able to
convert the judgment obtained into monetary terms for your client.- after rigmarole of trial, this is the most
impt thing.
• There are many modes of execution that one may rely on. However, one should also note that costs are
incurred each time one mode of execution is relied upon.
• Fit the right method of enforcement for any given situation

CONCEPTS, ISSUES AND CONSIDERATIONS

Concepts:
• The person who has obtained a judgment or order for payment by some other person – called the “judgment
creditor” (usually plaintiff or defendant who succeeds on counterclaim)
• The person against whom a judgment or order for payment has been made – called the “judgment debtor”
(usually the defendant, unless counterclaim)

Issues:
• When deciding which mode of execution to rely on, it is very important to consider one fundamental
question: Is leave of the court required? (for most cases leave is required)
• If leave of the court is required – this means tt must apply t court for nec order before proceeding further
• the most common mode of application is by way of Summons-in-Chambers supported by
affidavit.
• The affidavit must comply strictly with the requirements laid down under the ROC. The court
has no jurisdiction to grant an application if the requirements under the ROC are not complied
with.
• May result in unnec adjournment – need to then come back to court by which time defendant
may have dissipated his assets – lost benefits of what you might have gotten
• => Must ensure that affidavit contains ALL reqd

Considerations
- Before deciding what mode of execution to rely on, the following considerations should be taken into
account:

 You must understand the intention of the judgment debtor.


• Does the judgment debtor has a willingness to pay
• Must be careful not to harass the judgment debtor a great deal
• Do not be ‘trigger happy’ with the modes of execution available
• Give him time etc
 You must ascertain what are the judgment debtor’s assets and their location.
• Ask your client about the nature and location of the judgment debtor’s assets – he is probably in best
location to know
• Do the relevant searches with Land Registry, ROV etc other assets
• Knowledge of the judgment debtor’s bank account numbers is especially important for garnishee
proceedings.
• Check his residential address etc
 You must serve the judgment on judgment debtor and give him reasonable time to pay

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• 5 days given normally; 5 – 7 days. Say clearly you are giving him notice to make payment in 5 days,
otherwise will proceed.
• Serve copy of judgement – let him see
• Then he is to pay within certain time as designated in letter

MODES OF EXECUTION

 Oriented towards partr asset(s) owned by judgement debtor


 Several methods (arsenal) available – pick hich depending on facts of case

1. Writs of Execution (Order 45, 46 & 47) –


 writ of seizure & sale (most commonly adopted)(“WSS”);
 Writ of possession;
 Writ of delivery (money orders)
2. Garnishee Proceedings (Order 49)
3. Appointment of Receivers (Order 51)
4. Committal Proceedings (Order 52)
5. Judgment for the Possession of Land – writ of possession (Order 45, rule 3)
6. Judgment for Delivery of Movable Property – writ of delivery (Order 45, rule 4)
7. Stop Orders: Protection of Interest in Securities (Order 50)
8. Examination of Judgment Debtor (Order 48)
9. Enforcement of Injunctions (Order 45, rule 5)
10. Enforcement under the Debtors Act
11. Enforcement of Foreign Judgments (RECJA & REFJA – Order 67)
12. Remedies/Proceedings under Debtor Act
13. Winding up proceedings against companies (not in lecture)
14. Bankruptcy Proceedings under Bankruptcy Act against individuals (not lecturing on)
ENFORCEMENT OF MONEY JUDGMENTS

Writ of Execution – ORDER 45, 46 & 47

• enforcement of money judgement most commonly


• SCJA:
Writs of execution
13. A judgment of the High Court for the payment of money to any person or into court may be enforced by a
writ, to be called a writ of seizure and sale, under which all the property, movable or immovable, of whatever
description, of a judgment debtor may be seized, except —
(a) the wearing apparel and bedding of the judgment debtor or his family, and the tools and implements of his
trade, when the value of such apparel, bedding, tools and implements does not exceed $1,000;
(b) tools of artisans, and, where the judgment debtor is an agriculturist, his implements of husbandry and such
animals and seed-grain or produce as may in the opinion of the court be necessary to enable him to earn his
livelihood as such;
(c) the wages or salary of the judgment debtor;
(d) any pension, gratuity or allowance granted by the Government; and
(e) the share of the judgment debtor in a partnership, as to which the judgment creditor is entitled to proceed to
obtain a charge under any provision of any written law relating to partnership.

Powers and duties of Sheriff


64. —(1) The Sheriff or his officers shall —
(a) execute all writs, summonses, rules, orders, warrants, commands and process of the Supreme Court given to
him by the Court for that purpose;
(b) make a return of the same together with the manner of the execution thereof to the Supreme Court from
which the process issued; and
(c) receive all such persons as are committed to his custody by the Supreme Court.

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(2) The Sheriff or his officers in executing any writ of seizure and sale or any other writ of execution or of
distress may effect an entry into any building, and for that purpose if necessary may break open any outer or
inner door or window of the building or any receptacle therein, using such force as is reasonably necessary to
effect an entry.

• Order 46, rule 1 - The term ‘Writ of Execution’ includes:


(i) Writ of Seizure & Sale (WSS)
(ii) Writ of Possession (WP)
(iii) Writ of Delivery (WD)

Definition (O. 46, r. 1)


1. In this Order, unless the context otherwise requires, “writ of execution” includes a writ of seizure and sale, a
writ of possession and a writ of delivery.

- Generally NO Requirement to Seek LEAVE of the court to issue a Writ of Execution - except in some
cases laid down under Order 46, rule 2: -

When leave to issue any writ of execution is necessary (O. 46, r. 2)


2. —(1) A writ of execution to enforce a judgment or order may not issue without the leave of the Court in the
following cases:
(a) where 6 years or more have lapsed since the date of the judgment or order;
(b) where any change has taken place, whether by death or otherwise, in the parties entitled or liable to
execution under the judgment or order;
(c) where the judgment or order is against the assets of a deceased person coming into the hands of his
executors or administrators after the date of the judgment or order, and it is sought to issue execution against
such assets;
(d) where under the judgment or order any person is entitled to relief subject to the fulfilment of any
condition which it is alleged has been fulfilled; and
(e) where any movable property sought to be seized under a writ of execution is in the hands of a receiver
appointed by the Court.
(2) Paragraph (1) is without prejudice to any written law or rule by virtue of which a person is required to obtain
the leave of the Court for the issue of a writ of execution or to proceed to execution on or otherwise the
enforcement of a judgment or order.
(3) Where the Court grants leave, whether under this Rule or otherwise, for the issue of a writ of execution and
the writ is not issued within one year after the date of the order granting such leave, the order shall cease to have
effect, without prejudice, however, to the making of a fresh order.

When is Leave required?


- Order 46, rule 2(1) – deals with when leave of the court is required to issue a writ of execution. A writ of
execution to enforce a judgment or order requires leave of the Court in the above cases

Procedure for Application for Leave to issue writ of execution:


- Take out Summons supported by Affidavit
- Summons – ‘pray for following orders to be granted by way of court…. So and so….’
- What is in supporting affidavit?
o See above
o All – must identify judgement./ state amt due/ see the rest in Rule 3(2)(a)

Application for leave to issue writ (O. 46, r. 3)


3. —(1) An application for leave to issue a writ of execution may be made by ex parte summons in Form 86.
(2) Such an application must be supported by an affidavit —
(a) identifying the judgment or order to which the application relates and, if the judgment or order is for
the payment of money, stating the amount originally due thereunder and the amount due thereunder at
the date of the application;
(b) stating, where the case falls within Rule 2 (1) (a), the reasons for the delay in enforcing the judgment or
order;
(c) stating, where the case falls within Rule 2 (1) (b), the change which has taken place in the parties
entitled or liable to execution since the date of the judgment or order;

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(d) stating, where the case falls within Rule 2 (1) (c) or (d), that a demand to satisfy the judgment or order
was made on the person liable to satisfy it and that he has refused or failed to do so; and
(e) giving such other information as is necessary to satisfy the Court that the applicant is entitled to
proceed to execution on the judgment or order in question and that the person against whom it is sought to
issue execution is liable to execution on it.
(3) The Court hearing such application may grant leave in accordance with the application or may order that any
issue or question, a decision on which is necessary to determine the rights of the parties, be tried in any manner
in which any question of fact or law arising in an action may be tried and, in either case, may impose such terms
as to costs or otherwise as it thinks just.

Issue of writ of execution (O. 46, r. 4)


4. —(1) Issue of a writ of execution takes place on its being sealed by an officer of the Registry.
(2) Before such a writ is issued a Request4 in Form 87 for its issue must be filed.
(3) The Request4 must be signed by the solicitor of the person entitled to execution or, if that person is acting in
person, by him.
(4) No such writ shall be sealed unless at the time of the tender thereof for sealing —
(a) the person tendering it produces —
(i) the judgment or order on which the writ is to issue, or an office copy thereof;
(ii) where the writ may not issue without the leave of Court, the order granting such leave or evidence of the
granting of it;
(iii) where Rule 5 (2) applies, the written permission of the Monetary Authority of Singapore therein referred to;
and
(b) the officer authorised to seal it is satisfied that the period, if any, specified in the judgment or order for the
payment of any money or the doing of any other act has expired.
(5) Every writ of execution shall bear the date of the day on which it is issued.

- What is to be in the supporting affidavit:

(a) where 6 years or more have lapsed since the date of the judgment or order;
- [the supporting affidavit must identify judgment or order – and stating the reasons for the delay in
enforcing the judgment or order – must be a plausible reason for court to accept]

(b) where any change has taken place, whether by death or otherwise, in the parties entitle or liable to execution
under the judgment or order; [ie: one party has died]
- [the supporting affidavit must identify judgment or order – and stating the change which has taken place
in the parties]

(c) where the judgment or order is against the assets of a deceased person coming into the hands of his
executors or administrators after the date of the judgment or order;
- [the supporting affidavit must identify judgment or order – and stating that a demand to satisfy the
judgment or order was made on the person liable to satisfy it and that he has refused or failed to do so.]

(d) where under the judgment or order any person is entitled to relief subject to the fulfillment of any condition
which it is alleged has been fulfilled; [ie: need to go to court to show that the condition has been satisfied]
- [the supporting affidavit must identify judgment or order – and stating that a demand to satisfy the
judgment or order was made on the person liable to satisfy it and that he has refused or failed to do so.]

(e) where any movable property sought to be seized under a writ of execution is in the hands of a receiver
appointed by the Court.
- Order 46, rule 2(3) – Where the Court has granted leave for the issue of a writ of execution, and the
writ is not issued within 1 year after the date of the order granting such leave, the order shall cease to
have effect.

What court can do


- Court may grant leave
- Or it may impose terms

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- Or if contested, then matter will be tried
o Parties to go before judge and have issue heard and ruling then will b made accordingly
A) Writ of Seizure and Sale – enforcement of money judgements

Enforcement of judgment, etc., for payment of money (O. 45, r. 1)


1. —(1) Subject to these Rules and section 43 of the Subordinate Courts Act (Chapter 321) where applicable, a
judgment or order for the payment of money, not being a judgment or order for the payment of money
into Court, may be enforced by one or more of the following means:
(a) writ of seizure and sale;
(b) garnishee proceedings;
(c) the appointment of a receiver;
(d) in a case in which Rule 5 applies, an order of committal.
(2) Subject to these Rules, a judgment or order for the payment of money into Court may be enforced by one or
more of the following means:
(a) the appointment of a receiver;
(b) in a case in which Rule 5 applies, an order of committal.
(3) Paragraphs (1) and (2) are without prejudice to any other remedy available to enforce such a judgment or
order as is therein mentioned or to the power of a Court under the Debtors Act (Chapter 73) to commit to prison a
person who makes default in paying money adjudged or ordered to be paid by him, or to any written law relating
to bankruptcy or the winding up of companies.
(4) In this Order, references to any writ shall be construed as including references to any further writ in aid of the
first mentioned writ.

• Writ of Seizure & Sale - is the most common mode of execution relied on and the most reasonable in terms
of costs.

• The judgment creditor makes a request to the Sheriff (High Court) or the Bailiff (Subordinate Courts) to
seize and sale the assets of the judgment debtor. The sheriff / bailiff would attach stickers on the specific
assets belonging to the judgment debtor, which would be subsequently auctioned off.

• What cannot be seized – s13 SCJA (applicable to movables and immovables)


o (a) wearing apparel and bedding of judgment debtor or his family + the tools and implements of
his trade, when the value of such things does not exceed $1000
o (b) tools of artisan + where judgment debtor is an agriculturist, his implements of husbandry and
animals, seed-grain or produce which in the opinion of the court are necessary to enable him to
earn his livelihood
o (c) wages or salary of judgment debtor
o (d) pension, gratuity or allowance granted by government
o (e) share of judgment debtor in partnership (as to which judgment creditor is entitled to proceed to
obtain charge under any provision of nay written law relating to partnership)

• Power of Sheriff in Seizure – s64(2) SCJA


o Sheriff or his officers, in executing WSS or any writ of execution may effect entry into any
building and if necessary, he may break open any outer or inner door or window of building or any
receptable therein, using force as it is reasonably necessary to effect entry.

B) Writ of Seizure and Sale of: “Movable Property”

• Against moveable property usually eg office equipment/ textiles/ electronic goods etc

• Order 45, rule 12(1) - The writ of seizure and sale must be in Form 82 (for movable property).

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Forms of writs (O. 45, r. 12)
12. —(1) A writ of seizure and sale must be in Form 82 (for movable property) or Form 83 (for immovable
property).
(2) A writ of delivery must be in Form 84.
(3) A writ of possession must be in Form 85.

• Order 45, rule 4(2) – Before the writ of execution is issued, a praecipe in one of the forms in Form 92
for its issue must be filed. The praecipe must be signed by the solicitor of the person entitled to
execution.

Enforcement of judgment for delivery of movable property (O. 45, r. 4)


4. —(1) Subject to these Rules, a judgment or order for the delivery of any movable property which does not
give a person against whom the judgment is given or order made the alternative of paying the assessed value of
the property may be enforced by one or more of the following means:
(a) writ of delivery to recover the property without alternative provision for recovery of the assessed value
thereof (referred to in this Rule as a writ of specific delivery);
(b) in a case in which Rule 5 applies, an order of committal.
(2) Subject to these Rules, a judgment or order for the delivery of any movable property or payment of
their assessed value may be enforced by one or more of the following means:
(a) writ of delivery to recover the property or its assessed value;
(b) with the leave of the Court, writ of specific delivery;
(c) in a case in which Rule 5 applies, an order of committal.
(3) A writ of specific delivery, and a writ of delivery to recover any movable property or their assessed value,
may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment
or order which is to be enforced by the writ.
(4) A judgment or order for the payment of the assessed value of any movable property may be enforced by the
same means as any other judgment or order for the payment of money.

• Order 46, rule 11 - Before any writ of execution is executed, the execution creditor (judgment creditor)
must file a praecipe in Form 93A for a date to be appointed for the execution.

• Note: Altogether 3 forms required: Forms 88, 92 and 93A

Deposit for costs of execution and date for execution (O. 46, r. 11)
11. —(1) Before any writ of execution or distress is executed, the person at whose instance the writ was issued
(referred to in these Rules as the execution creditor) must, if the Sheriff so requests —
(a) deposit in the Registry a sufficient sum of money to defray the costs of the execution; and
(b) file a Request4 in Form 87 or 89 for a date to be appointed for the execution.
(2) Where the execution creditor has caused a date appointed for the execution to be vacated or postponed, the
Sheriff may, if he thinks that such vacation or postponement is without good reason, direct that any fee paid and
expenses incurred by the execution creditor in respect of the appointment shall not be recovered by the execution
creditor as a disbursement.
(3) For the purposes of paragraph (2), where the execution creditor has filed a Request4 in Form 87, the fee for
the request for a date to be appointed shall be limited to the amount specified in item 104 of Appendix B.

• Order 46, rule 6(1) – For the purpose of execution, the writ is valid for 12 months beginning with the
date of the issue. Can apply for extension before its expiration.

Duration and renewal of writ of execution (O. 46, r. 6)


6. —(1) For the purpose of execution, a writ of execution is valid in the first instance for 12 months beginning
with the date of the issue.
(2) Where a writ has not been wholly executed, the Court may by order extend the validity of the writ from time
to time for a period of 12 months at any time beginning with the day on which the order is made, if an
application for extension is made to the Court before the day next following that on which the writ would
otherwise expire.
(2A) For the purposes of this Rule, “wholly executed” means —
(a) in the case of a writ of seizure and sale, the sale of all the seized property by the Sheriff;

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(b) in the case of a writ of delivery, the transfer of possession of the movable property by the Sheriff to the
judgment creditor; and
(c) in the case of a writ of possession, the transfer of possession of the immovable property by the Sheriff to the
judgment creditor.
(3) Before a writ the validity of which has been extended under this Rule is executed, the writ must be marked in
Form 3 showing the date on which the order extending its validity was made.
(4) The priority of a writ, the validity of which has been extended under this Rule, shall be determined by
reference to the date on which it was originally issued.
(5) The production of a writ of execution, purporting to be sealed as mentioned in paragraph (3), shall be
evidence that the validity of that writ has been extended under this Rule.

• Papers to be filed
o WSS
o Precipae – form 92 (request of sorts)
o Another precipae for date of execution (form 93A)

• Order 46, rule 14 to 27 – deals with the manner of execution and the duties of the Sheriff.
o File Form 88
o File praecipe for execution in Form 92
o Court fixes appointment date
o On designate date, clients accompany sheriff to place of execution. Sieves through assets to
the tune of the judgment debt
o After seizure, sheriff gives notice of seizure and inventory in Form 94. Sheriff will determine
value of assets based on his experience – seizure that takes place – amt seized is usually much
less than judgement itself
o Sheriff places stickers on the assets and gives notice of sale of seized items in From 95
o Sheriff advertises and publishes auction of the assets.
o After auction, sheriff deducts his charges and passes client the money.

• Order 46, rule 16 – Where any movable property is seized by the Sheriff under a writ of execution, the
Sheriff must give to the execution debtor (judgment debtor) a notice of seizure in Form 90 – Notice of
Seizure and Inventory.

Notice of seizure and inventory (O. 46, r. 16)


16. —(1) Where any movable property is seized by the Sheriff under a writ of execution or distress, he must give
to the execution debtor a notice of seizure in Form 90, and a copy of the notice must be filed.
(2) Where the Sheriff removes from a place any movable property that is seized, he must give to the execution
debtor at the time the property is removed or immediately afterwards an inventory of the property so removed.
(3) The notice of seizure under paragraph (1) and notice of removal and inventory under paragraph (2) may be —
(a) handed to the execution debtor personally;
(b) sent to him by post to his place of residence; or
(c) left at or sent by post addressed to him at the place from which the property was seized.

• If removed, then sheiff will give ntice to relevant parties and then can apply to corut for various
committal proceedings against judgement debtor

• Order 46, rule 23 – Sale by public auction: Sheriff must post on the board of the Registry a notice in
Form 95 of the day, hour and place of any intended sale in Form 95. – NOTICE OF SALE

Sale by public auction (O. 46, r. 23)


23. Unless the Sheriff otherwise orders, all sales must be by public auction between the hours of 9 a.m. and 5
p.m. and notice in Form 91 of the day, hour and place of any intended sale must be posted on the notice board of
the Registry and as far as practicable at the place of intended sale 7 days before the date of sale.

• Order 46, rule 24 – Where the value of the property seized is estimated to exceed $2,000, the sale must
be conducted by a licensed auctioneer appted by the sheriff and the sale must be publicly advertised.

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o Proceeds of aucitn given to sheriff and he will deduct his commission or costs and balance
sum (usually not enough to pay judgemnt debt) is then paid to plaintiff and solicitors

Where property exceeds $2,000 sale by authorised auctioneer (O. 46, r. 24)
24. —(1) Where the value of the property attached or seized is estimated by the Sheriff to exceed $2,000, the sale
must, unless the Sheriff otherwise orders, be conducted by an authorised auctioneer and the sale must be publicly
advertised by the Sheriff or auctioneer once 14 days before the date of sale.
(2) In any other case, the sale may be conducted by the Sheriff.

• Order 47, rule 6(1) - Stocks and shares may also be seized and sold. This Rule requires a notice in
Form 88B to be made if the property to be seized consists of any Government stock or company stock.

Securities (O. 47, r. 6)


6. —(1) Where the property to be seized consists of any Government stock, or any stock of any company or
corporation registered or incorporated under any written law, including any such stock standing in the name of
the Accountant-General, to which the judgment debtor is beneficially entitled, seizure thereof must be made by a
notice in Form 98, signed by the Sheriff, attaching such stock.

- Who files first gets it first. So must file WSS expeditiously AND properly – must immed proceed and
file it when get instructions
o Priority depends on date and time of filing

- Costs of writ is against judgemtn debtor

- Shares – form 88B (writ of seizure and sale of securities)

Securities (O. 47, r. 6)


6. —(1) Where the property to be seized consists of any Government stock, or any stock of any company or
corporation registered or incorporated under any written law, including any such stock standing in the name of
the Accountant-General, to which the judgment debtor is beneficially entitled, seizure thereof must be made by a
notice in Form 98, signed by the Sheriff, attaching such stock.
(2) The notice must be addressed —
(a) in the case of Government stock, to the Accountant-General;
(b) in the case of stock listed on the Stock Exchange of Singapore Ltd. and held under a central depository
system, to the depository for the time being and the company or corporation concerned;
(c) in the case of other stock, to the company or corporation concerned; and
(d) in the case of stock standing in the name of the Accountant-General, to the Accountant-General,
and together with a copy of the writ of seizure and sale must be served by the Sheriff by any mode of service as
he thinks fit.
(3) A copy of the notice must at the same time be sent to the judgment debtor at his address for service.
(4) On receipt of such notice, the judgment debtor must hand over to the Sheriff at his office any indicia of title
in his possession relating to such stock, or where any such indicia of title are not in his possession, must notify
the Sheriff in writing of the name and address of the person having possession thereof.
(5) The Sheriff must further send a copy of the notice to any person, other than the judgment debtor, in whose
possession he has reason to believe any such indicia of title to be.
(6) After the receipt of any notice sent under paragraph (2), and unless the notice is withdrawn, no transfer of the
stock or any interest therein, as the case may be, shall be registered or effected unless the transfer be executed or
directed by the Sheriff, and any such transfer or direction by the Sheriff shall have the same effect as if the
registered holder or beneficial owner of such stock had executed the transfer, and shall be dealt with accordingly.
(7) All interest or dividends becoming due and payable or benefits accruing after receipt of such notice, and until
withdrawal thereof or transfer or direction by the Sheriff as abovementioned, must be paid or transmitted to the
Sheriff.
(8) Any notice served under paragraph (2) may be withdrawn by notice in writing to that effect signed by the
Sheriff and served to the person and in the manner provided by paragraph (2).
(9) In this Order, “Government stock” means any stock issued by the Government or any funds of or annuity
granted by the Government and “stock” includes shares, debentures, debenture stock and stock options.
(10) The Court, on the application of the judgment debtor or any other person interested in the stock seized under
this Rule, may at any time, on sufficient cause being shown, order that the stock or any part thereof be released.

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Sale of securities (O. 47, r. 7)
7. —(1) Stock seized under Rule 6 may be sold through the agency of a broker.
(2) If the indicia of title are not in the possession of the Sheriff, he may apply to the Court for such directions as
may be necessary to give effect to the sale.

- In high court, person entrusted is sheriff; in sub courts this is the bailiff

Interpleader Summons – Order 17, rule 1: When there is a 3rd Party’s Claim
(3rd Party = claimant; Judgment Debtor = Defendant)

• Offshoot of WSS
• If sheriff is chargd with exeuctin and any f goods that he so seized is claimed by third party: then sheriff
muyst have matter interpleaded ie does nt take position as to whether goods beling to judgement
creditor or third party (if latter then creditor x get anything)
o Two conflicting claims
o He does not decide bvased on merits of ownership
o He will ask judge and interplead and file interpleader summons under O17

• (note fr perspective of third party also)


• When a 3rd party claims that the assets that were seized belonged to them, the Sheriff may apply for
relief by way of interpleader under Order 17, rule 1.

Entitlement to relief by way of interpleader (O. 17, r. 1)


1. Where —
(a) the person seeking relief is under liability for any debt, money or goods or chattels, for or in respect of which
he has been or expects to be, sued by 2 or more parties making adverse claims thereon; or
(b) the Sheriff or other officer of the Court is charged with the execution of process of the Court, and claim is
made to any money or goods or chattels taken or intended to be taken in execution under any process, or to the
proceeds or value of any such goods or chattels by any person other than the person against whom the process is
issued, and to order the sale of any property subject to interpleader proceedings,
the person under liability or (subject to Rule 2) the Sheriff, may apply to the Court for relief by way of
interpleader.

• Order 17, rule 2(1) - The claimant (ie: the 3rd party) must give notice of his claim in Form 22:
“Notice by Claimant of Property taken by Seizure” – it is a notice informing the sheriff not to sell the
seized assets.

Claim to goods, etc., taken in execution (O. 17, r. 2)


2. —(1) Any person making a claim to or in respect of any money, goods or other movable property taken or
intended to be taken in execution under process of the Court, or to the proceeds or value of any such goods or
property, must give notice of his claim in Form 22 to the Sheriff charged with the execution of the process and
must include in his notice a statement of his address, and that address shall be his address for service.
(2) On receipt of a claim made under this Rule the Sheriff must forthwith give notice thereof in Form 23 to the
execution creditor and the execution creditor must, within 4 days after receiving the notice, give notice in Form
24 to the Sheriff informing him whether he admits or disputes the claim. An execution creditor who gives notice
in accordance with this paragraph admitting a claim shall only be liable to the Sheriff for any fees and expenses
incurred by the Sheriff before receipt of that notice.
(3) Where —
(a) the Sheriff receives a notice from an execution creditor under paragraph (2) disputing a claim, or the
execution creditor fails, within the period mentioned in that paragraph, to give the required notice; and
(b) the claim under this Rule is not withdrawn,
the Sheriff may apply to the Court for relief under this Order.
(4) The Sheriff who receives a notice from an execution creditor under paragraph (2) admitting a claim under this
Rule shall withdraw from possession of the money, goods or other movable property claimed.

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• Order 17, rule 2(2) – On receiving the claim, the Sheriff must give notice of the claim in Form 24 to
the ‘execution creditor’. The execution creditor must within 4 days after receiving the Sheriff’s notice,
give notice in Form 30 informing the Sheriff whether he admits or disputes the claim.
o If the execution creditor admits to the claim, the assets are returned/released to third party.
(No cost involved if execution CR does not dispute the claim. Matter ends there and goods are
returned)
o If the execution creditor disputes the claim, then the Sheriff may apply to the Court for relief
by way of interpleader (important to note that the interpleader summons is filed by the
sheriff!!) because dispute is then crystallized at this pt

• Order 17 rule 3– Interpleader Summons –

o R3(2) – This interpleader summons is to allow the court to determine the ownership of the
assets that were seized. Affidavits must be filed by both parties which are called the ‘claimant’
(ie: the 3rd party) and the ‘defendant’ (judgment debtor).
o To affirm tt no subj matter in assets seized, does not side with any party and leaves it to
court to determine ownership of parties
o Claimant to est ownership of goods – that he purchased it, paid for it, these are his and do not
belong to the judgement debtor
o Judgement creditor to show tt goods do belong to judgement debtor and this is all a scam –
must be careful and get evidnce and have cort make order that goods belong to judgemnt
debtor

Mode of application (O. 17, r. 3)


3. —(1) An application for relief under this Order must be made by originating summons unless made in a
pending action, in which case it must be made by summons in the action in Form 25 or 26 whichever is
appropriate.
(2) [Deleted by S 806/2005]
(3) Subject to paragraph (4), an originating summons or a summons under this Rule must be supported by
evidence that the applicant —
(a) claims no interest in the subject-matter in dispute other than for charges or costs;
(b) does not collude with any of the claimants to that subject-matter; and
(c) is willing to pay or transfer that subject-matter into Court or to dispose of it as the Court may direct.
(4) Where the applicant is the Sheriff, he shall not provide such evidence as is referred to in paragraph (3) unless
directed by the Court to do so.

• The Registrar will decide whether the assets that were seized belonged to the claimant (3rd party
claimant) or the defendant (judgment debtor). If the Registrar decides that the assets belonged to the
defendant (judgment debtor), the execution creditor (judgment creditor) may continue to proceed with
the enforcement of the WSS. If the Registrar decides that the assets actually belonged to the claimant,
then this is the final position.

• Order 17, rule 5 – The Court has the power to

o (i) summarily determine the question at issue between the claimants and make an order
accordingly in such terms as may be just (no need for a trial, just submission of affidavits);
OR

o (ii) to order the issue to go for trial, and the Registrar will draft the question which should be
determined by the trial judge.
 Qn: Whether goods seized on so and so day… as follows.. the following goods..
whether belong to claimant or creditor
 That is the issue – WHO owns the proceeds

Powers of Court hearing originating summons or summons (O. 17, r. 5)


5. —(1) Where on the hearing of an originating summons or a summons under this Order all the persons by

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whom adverse claims to the subject-matter in dispute (referred to in this Order as the claimants) appear, the
Court may order —
(a) that any claimant be made a defendant in any action pending with respect to the subject-matter in dispute in
substitution for or in addition to the applicant for relief under this Order; or
(b) that an issue between the claimants be stated and tried and may direct which of the claimants is to be plaintiff
and which defendant.
(2) Where —
(a) the applicant in an originating summons or a summons under this Order is the Sheriff;
(b) all the claimants consent or any of them so requests; or
(c) the question at issue between the claimants is a question of law and the facts are not in dispute,
the Court may summarily determine the question at issue between the claimants and make an order accordingly
on such terms as may be just.
(3) Where a claimant, having been duly served with an originating summons or a summons for relief under this
Order, does not appear on the hearing or, having appeared, fails or refuses to comply with an order made in the
proceedings, the Court may make an order declaring the claimant, and all persons claiming under him, forever
barred from prosecuting his claim against the applicant for such relief and all persons claiming under him, but
such an order shall not affect the rights of the claimants as between themselves.

C) Writ of Seizure and Sale of: “Immovable Property”

• Purpose = attach interest of judgment debtor on the immovable property and upon registration, interest will
be seized by sheriff.

Immovable property (O. 47, r. 4)


4. —(1) Where the property to be seized consists of immovable property or any interest therein, the following
provisions shall apply:
(a) seizure shall be effected by registering under any written law relating to the immovable property a writ of
seizure and sale in Form 83 (which for the purpose of this Rule and Rule 5 shall be called the order) attaching the
interest of the judgment debtor in the immovable property described therein and, upon registration, such interest
shall be deemed to be seized by the Sheriff;
(b) an application for an order under this Rule may be made by ex parte by summons;
(c) the application must be supported by an affidavit —
(i) identifying the judgment or order to be enforced;
(ii) stating the name of the judgment debtor in respect of whose immovable property or interest an order is
sought;
(iii) stating the amount remaining unpaid under the judgment or order at the time of application;
(iv) specifying the immovable property or the interest therein in respect of which an order is sought; and
(v) stating that to the best of the information or belief of the deponent, the immovable property or interest in
question is the judgment debtor’s and stating the sources of the deponent’s information or the grounds for his
belief;
(d) as many copies of the order as the case may require shall be issued to the judgment creditor in order that he
may present the order, in compliance with the provisions of any written law relating to such immovable property,
for registration at the Registry of Deeds or the Land Titles Registry, as the case may be, of the Singapore Land
Authority;
(e) after registering the order, the judgment creditor must —
(i) file a Request4 for direction to the Sheriff in Form 95 and a direction to the Sheriff in Form 96; and
(ii) upon compliance with sub-paragraph (i), the Sheriff must serve a copy of the order and the notice of seizure
in Form 97 on the judgment debtor forthwith and, if the judgment debtor cannot be found, must affix a copy
thereof to some conspicuous part of the immovable property seized;
(f) subject to sub-paragraph (g), any order made under this Rule shall, unless registered under any written law
relating to such immovable property, remain in force for 6 months from the date thereof;
(g) upon the application of any judgment creditor on whose application an order has been made, the Court, if it
thinks just, may from time to time by order extend the period of 6 months referred to in sub-paragraph (f) for any
period not exceeding 6 months, and the provisions of sub-paragraphs (d) and (e) shall apply to such order; and
(h) the Court may at any time, on sufficient cause being shown, order that property seized under this Rule shall
be released.
(2) Order 46, Rule 6 (1) and (2), shall not apply to the order made under paragraph (1).

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Sale of immovable property (O. 47, r. 5)
5. Sale of immovable property, or any interest therein, shall be subject to the following conditions:
(a) there shall be no sale until the expiration of 30 days from the date of registration of the order under Rule 4 (1)
(a);
(b) the particulars and conditions of sale shall be settled by the Sheriff or his solicitor;
(c) the judgment debtor may apply by summons to the Court for postponement of the sale in order that he may
raise the amount leviable under the order by mortgage or lease, or sale of a portion only, of the immovable
property seized, or by sale of any other property of the judgment debtor, or otherwise, and the Court, if satisfied
that there is reasonable ground to believe that the said amount may be raised in any such manner, may postpone
the sale for such period and on such terms as are just;
(d) the judgment creditor may apply to the Court for the appointment of a receiver of the rents and profits, or a
receiver and a manager of the immovable property, in lieu of sale thereof, and on such application, the Court may
appoint such receiver or receiver and manager, and give all necessary directions in respect of such rents and
profits or immovable property;
(e) where the interest of the judgment debtor in any immovable property, seized and sold under the order,
includes a right to the immediate possession thereof, the Sheriff shall put the purchaser in possession;
(f) pending the execution or endorsement of any deed or document which is ordinarily lawfully required to give
effect to any sale by the Sheriff, the Court may by order appoint the Sheriff to receive any rents and profits due to
the purchaser in respect of the property sold; and
(g) the Sheriff may at any time apply to the Court for directions with respect to the immovable property or any
interest therein seized under the order and may, or, if the Court so directs, must give notice of the application to
the judgment creditor, the judgment debtor and any other party interested in the property

• Order 45, rule 12(1) - The writ of seizure and sale must be in Form 83 (for immovable property)

Forms of writs (O. 45, r. 12)


12. —(1) A writ of seizure and sale must be in Form 82 (for movable property) or Form 83 (for immovable
property).
(2) A writ of delivery must be in Form 84.
(3) A writ of possession must be in Form 85.

Manner of Execution (sale)

• Order 47, rule 4(1a) - The seizure of the immovable property shall be effected by the act of registering the
writ of seizure and sale in Form 88A (which is called ‘the order’) attaching the interest of the judgment
debtor in the immovable property. Upon registration, such interest shall be deemed to be seized by the
Sheriff.
• Registration takes place with sg land auth and upon registering, there is seizure that comes into effect
• LEAVE IS REQUIRED –T AKE OUT EX PARTE SUMMONS WITH AFFIDAVIT
o Affidavit needs to contain:
 Identify judgement obtained – exhibit copy of judgment in affidavit
 State name of judgement debtor
 Amt unpaid
 Specify propertrty (the address)
 Confirm that the property in fact belongs to the judgement debtor – title search will
suffice to show ownership
• Once obtained order to proceed with WSS, msut register it with sg land authority
• After Regis, judgment creditor files precipae for directions to the sheriff – 95D
• Then file directions under 95E and serve copy of order and notice of seizure on judgement debtor under 95F
• Valid for 6 mths – can apply to extend by sep application – must e taken p before expiration of 6 mths
• Court may on applic of judgment debtor or other party who has interst n claim apply to have it released
o So can apply to have WSS released on suff cause being shown
o On assumptn tt proceeds/ manner of execution is as follows
 30 days must lapse fr dat of Regis before proceeding to sell property

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 conds and terms of sale must be setllted by sheriff - completion date, how option to be
exercised, etc
 judgement debtor may apply for postponement of the sale if can show tt there are
reasonable grds tt he can raise amt sum to satisfy sum of judgement
 satisfy court before writ is released

• Order 47, rule 4(1)(b) & (c)


• Order 47, rule 4(1)(d)
• Order 47, rule 4(1)(e)
• Order 47, rule 4(1)(f) & (g) – The order made shall remain in force for 6 months. The Court may extend
the time period on the application of the judgment creditor.
• Note – O47 r4(2) says that O46 r6 (which governs the validity of a writ of execution – 12 months) does not
apply to WSS for immovables made under O47 r1
• Order 47, rule 4(1)(h)
• Order 47, rule 5 – deals with the conditions under which the sale of immovable property may be done. This
includes allowing the judgment debtor to apply by summons to the Court for the postponement of the sale if
he can raise the money owed. (often granted due to draconian nature of order)
• Note: Sheriff entitled to set out terms of S & P for sale of prop.

Garnishee Proceedings – ORDER 49

• Order 49 on Garnishee Proceedings Garnishee Proceedings are very commonly relied on.
• NOTE: You will need to know the bank account number of the judgment debtor.
• If certain sum of money due by third party to judgement debtor, as judgemnt creditor, can proceed against
third paty and garnish the sum of money to satisfy judgement
• Order 49, r 1 - The “garnishee” (ie: bank), who is indebted to the judgment DRr, may be ordered by Court
to pay to the judgment CR the amount owed in satisfaction of the judgment or order.

Attachment of debt due to judgment debtor (O. 49, r. 1)


1. —(1) Where a person (referred to in these Rules as the judgment creditor) has obtained a judgment or order for
the payment by some other person (referred to in these Rules as the judgment debtor) of money, not being a
judgment or order for the payment of money into Court, and any other person within the jurisdiction (referred to
in this Order as the garnishee) is indebted to the judgment debtor, the Court may, subject to the provisions of this
Order and of any written law, order the garnishee to pay the judgment creditor the amount of any debt due or
accruing due to the judgment debtor from the garnishee, or so much thereof as is sufficient to satisfy that
judgment or order and the costs of the garnishee proceedings.
(2) An order in Form 101 under this Rule shall in the first instance be an order to show cause, specifying the time
and place for further consideration of the matter, and in the meantime attaching such debt as is mentioned in
paragraph (1), or so much thereof as may be specified in the order, to answer the judgment or order mentioned in
that paragraph and the costs of the garnishee proceedings.
(3) In this Order, “any debt due or accruing due” includes a current or deposit account with a bank or other
financial institution, whether or not the deposit has matured and notwithstanding any restriction as to the mode of
withdrawal.

- ** There must be a “debt due or accruing due” to the judgment debtor by the garnishee. In other
words, there is creditor-debtor relationship between the garnishee and the judgment debtor.
- 1957 3 SLR(??) 344 – Dunlop limited v henry steel
- Includes money in current account or deposit account.with a bank
- Must be money due to judgment debtor by garnishee
- Must be a relationship of creditor and debtor between (vis a vis) judgment debtor and garnishee.
- Need leave from court.

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Kedah Kelang Papan Sdn Bhd V Hansol Sdn Bhd (Teknibina Advisory Services Sdn Bhd Garnishee)
[1988] 1 MLJ 434
Facts:
The judgment creditor was the plaintiff in a civil suit and the judgment debtor was the defendant in that case.
After obtaining judgment in his favour, the judgment creditor applied to court to claim from the garnishee certain
sums of money totalling $101,716.51 which the garnishee owed the judgment debtor under a building contract.
The issue was whether the sum of $101,716.51 cound be attached under O 49 r 1 of the Rules of the High Court
1980. The Senior Assistant Registrar made the garnishment order absolute. The garnishee appealed.
Held, dismissing the appeal:
(1).no garnishee order can be made unless the person, at the time when the order is made, is indebted to
the judgment debtor. It is not enough to show that it is very probable that there soon will be a debt;
(2).a debt, legal or equitable, can be attached whether it be a debt owing or accuring. A debt is a sum of
money which is now payable or will become payable in the future by reason of a present obligation. The
words "or accruing" in O 49 r 1 are intended to apply to cases in which there are debts owed at the
present time but payable in the future. An accruing debt, therefore, is a debt not yet actually payable but a
debt which is represented by an existing obligation;"
(3).in the instant case, the sum of $65,801.98 retained by the garnishee was in effect a fixed sum which had
already been earned by the judment debtor. In other words, the retention money was carved out of the contract
price of that part of the work which had already been done by the judgment debtor and thereby they had earned
the money arising from the carrying out of such work. There could not, therefore be any dispute that the sum
retained represented a debt due from the garnishee to the judgment debtor, albeit payable after the expiry of the
defective liability period;
(4).in garnishing proceedings, the law is concerned only with any cross-claim or cross-debt existing at the
date of the attachment and not a cross-claim or cross-debt that may come into existence some time in the
future, however likely it may arise. In the instant case, whatever cross-claims the garnishee may against
the judgment debtor in respect of defective works which may arise subsequently did not represent a cross-
cl;aim or cross debt existing at the date of the attachment;
(5).the learned judge, accordingly,held that the sum of $65,801.98 retained by the garnishee as retention money
could rightfully be attached;
(6).as for the sum of $454,491.22 already released by the garnishee to the judgment debtor upon their production
of a bank guarantee, the learned judge held that that amount could be attached under the gatnishee order which
can only operate on debts due and owing by the garnishee to the judgment debtor and not in a transafction
involving a third person who is not a party to the proceeding;
(7).the order of the Senior Assistant Registrar was, accordingly, affirmed by the learned judge.
Cases Referred To (Precedents) Cases):
• Tapp v Jones (Pooley, Garnishee) [1874-75] LR 10 QB 591
• Webb v Stentoin & others, Garnishee [1882-1883] 11 QBD 518
• O`Driscoll & Anor v Manchester Insurance Committee [1915] 3 KB 215
• Hall & Anor v Pritchett (The Corporation of Huddersfield, Garnishees) [1877-78] 3 QBD 215
• Dunlop & Ranken Ltd v Hendall Steel Structures Ltd (Pitchers Ltd Garnishee) [1957] 3 All ER
344,[1957] 1 WLR 1102

Applying for Garnishee Order  2-step Procedure

1. First step: Application for ‘show cause’ order in Form 98 - (stimes called decree nisi order akin to
divorce sitn)

(2) An order in Form 101 under this Rule shall in the first instance be an order to show cause, specifying the time
and place for further consideration of the matter, and in the meantime attaching such debt as is mentioned in
paragraph (1), or so much thereof as may be specified in the order, to answer the judgment or order mentioned in
that paragraph and the costs of the garnishee proceedings.

- Leave required:
- Order 49, rule 2 – deals with the content of the application for order. The application for an order to ‘show
cause’ must be made ex parte by Summons supported by an affidavit in Form 102, identifying the
following:
o (1) identifying the judgment or order to be enforced

14
o (2) stating the amount remaining unpaid at the time of the application (might be paid in parts);
and
o (3) stating whether the ‘garnishee’ is within jurisdiction and is indebted to the judgment
debtor.
- Will then get show cause order

Application for order (O. 49, r. 2)


2. An application for an order under Rule 1 must be made by ex parte summons supported by an affidavit in
Form 102 —
(a) identifying the judgment or order to be enforced and stating the amount remaining unpaid under it at the time
of the application; and
(b) stating that to the best of the information or belief of the deponent the garnishee (naming him) is within the
jurisdiction and is indebted to the judgment debtor and stating the sources of the deponent’s information or the
grounds for his belief.

- Order 49, rule 3(1) – Service of ‘show cause” order – The order to show cause must be served on the
garnishee personally & on the judgment debtor.
o - show case order operates as an equitable charge. Garnishee cannot pay money to anyone else
or receipt of show cause order without incurring risk of paying twice over (can’t deal with the
money.)

Service and effect of order to show cause (O. 49, r. 3)


3. —(1) An order under Rule 1 to show cause must, at least 7 days before the time appointed thereby for the
further consideration of the matter, be served —
(a) on the garnishee personally; and
(b) unless the Court otherwise directs, on the judgment debtor.
(2) Such an order shall bind in the hands of the garnishee as from the service of the order on him any debt
specified in the order or so much thereof as may be so specified.

- O49 r3 (2) – Effect of Service – The order will bind in the hands of the garnishee as from the service of the
order on him any debt specified in the order. It does not operate as transfer of property. It is only an
equitable charge. The effect is that the garnishee on receiving show cause order cannot pay the sum to any
other party without incurring the risk of having to pay twice over, ie precluded fr dealing wth money in acct
once show cause order is served on him.
- Therefore, the show order has the effect of creating an equitable charge over the debt owed to the judgment
debtor. (so garnishee runs risk of paying twice if it pays to the debtor in disregard of the show cause order)

- If he attends court and challenges it, then same as interpleader – court will determine matter summarily or
try the matter.
- If garnishee does not attend court or challenge it, court will then make order absolute:

2. Second step: Court make ‘order absolute’ in Form 100

• Order 49, rule 4 – The Court may make an order absolute in Form 100 against the garnishee.

No appearance or dispute of liability by garnishee (O. 49, r. 4)


4. —(1) Where on the further consideration of the matter the garnishee does not attend or does not dispute the
debt due or claimed to be due from him to the judgment debtor, the Court may, subject to Rule 7, make a final
order8 in one of the forms in Form 103 under Rule 1 against the garnishee.
(2) A final order8 under Rule 1 against the garnishee may be enforced in the same manner as any other order for
the payment of money.

- The matter is heard before the court, who may make an ‘order absolute’. The order is then served on the
garnishee who will have to pay the money directly to the judgment creditor.
- - time for garnishee to appear before court, decree absolute order. Garnishee does, court will summarily
enter the issue or order a trial of the matter.

15
3. dispute then summary determination or order trial of issue - Order 49, rule 5

Dispute of liability by garnishee (O. 49, r. 5)


5. Where on the further consideration of the matter the garnishee disputes liability to pay the debt due or claimed
to be due from him to the judgment debtor, the Court may summarily determine the question at issue or order in
Form 104 that any question necessary for determining the liability of the garnishee be tried in any manner in
which any question or issue in an action may be tried.

4. claism by third persons – can order attendance order 49 rule 6


Claims of third persons (O. 49, r. 6)
6. —(1) If in garnishee proceedings it is brought to the notice of the Court that some person other than the
judgment debtor is or claims to be entitled to the debt sought to be attached or has or claims to have a charge or
lien upon it, the Court may order that person to attend before the Court and state the nature of the claim with
particulars thereof.
(2) After hearing any person who attends before the Court in compliance with an order under paragraph (1), the
Court may summarily determine the questions at issue between the claimants or make such other order as it
thinks just, including an order that any question or issue necessary for determining the validity of the claim of
such other person as is mentioned in paragraph (1) be tried in such manner as is mentioned in Rule 5.

5. Payment that garnishee made pursuant to order of court is a valid discharge of his liability: Order 49,
rule 8

Discharge of garnishee (O. 49, r. 8)


8. Any payment made by a garnishee in compliance with a final order8 under this Order, and any execution levied
against him in pursuance of such an order, shall be a valid discharge of his liability to the judgment debtor to the
extent of the amount paid or levied notwithstanding that the garnishee proceedings are subsequently set aside or
the judgment or order from which they arose reversed.

6. When Debt is owed by Government – O73 r13

• Order 73 r 13 – O49 (garnishee order) does NOT apply; instead apply for restraining order

Attachment of debts, etc. (O. 73, r. 13)


13. —(1) No order —
(a) for the attachment of debts under Order 49; or
(b) for the appointment of a receiver under Order 30 or 51,
shall be made or have effect in respect of any money due or accruing due, or alleged to be due or accruing due,
from the Government.
(2) Every application to the Court for an order under section 33 (1) of the Government Proceedings Act (Chapter
121), restraining any person from receiving money payable to him by the Government and directing payment of
the money to the applicant or some other person must be made by summons served at least 4 days before the
return day on the Government and, unless the Court otherwise orders, on the person to be restrained or his
solicitor; and the application must be supported by an affidavit setting out the facts giving rise to it, and in
particular identifying the particular debt from the Government in respect of which it is made.
(3) Order 49, Rules 5 and 6, shall apply in relation to such an application as is mentioned in paragraph (2) for an
order restraining a person from receiving money payable to him by the Government as those Rules apply to an
application under Order 49, Rule 1, for an order for the attachment of a debt owing to any person from a
garnishee, except that the Court shall not have power to order execution to issue against the Government.

Appointment of Receivers – ORDER 51

- Receiver is appointed where there are various interest in property which judgment debtor may be entitled.
Receiver not appointed by court unless there’re impediments.
- Appointment of receiver is expensive. So court has to be satisfied that amount involved is substantial.
Receiver will be in best position to obtain realization of the assets.
- Court can direct that enquiry be held. Not popular way of executing judgment because of cost implications
but if large assets over many countries, good to have receivers (professionally trained).

16
- See Order 51 on Receivers: Equitable Execution. This is NOT a common mode of execution because of
the costs involved in this mode.

- Order 51 rule 3 – application of order 30

Application of Rules as to appointment of receiver, etc. (O. 51, r. 3)


3. —(1) An application for the appointment of a receiver by way of equitable execution may be made in
accordance with Order 30, Rule 1, and Rules 2 to 6 of that Order shall apply in relation to a receiver appointed
by way of equitable execution as they apply in relation to a receiver appointed for any other purpose.
(2) The summons for the appointment of a receiver must be in Form 107 and an order for the appointment of a
receiver by way of equitable execution must be in one of the forms in Form 108.

- Order 51, rule 1 – Need leave.

Appointment of receivers by way of equitable execution (O. 51, r. 1)


1. —(1) Where an application is made for the appointment of a receiver by way of equitable execution, the Court
in determining whether it is just or convenient that the appointment should be made shall have regard to the
amount claimed by the judgment creditor, to the amount likely to be obtained by the receiver and to the probable
costs of his appointment and may direct an inquiry on any of these matters or any other matter before making the
appointment.
(2) Where on an application for the appointment of a receiver by way of equitable execution it appears to the
Court that the judgment creditor is resident outside the scheduled territories, or is acting by order or on behalf of
a person so resident, then, unless the permission of the Monetary Authority of Singapore required by the
Exchange Control Act (Chapter 99) has been given unconditionally or on conditions that have been complied
with, any order for the appointment of a receiver shall direct that the receiver shall pay into Court to the credit of
the cause or matter in which he is appointed any balance due from him after deduction of his proper
remuneration.

- When is a receiver appointed?


o When the solicitor is unable to do what he can do under the ROC (ie: when there are various
interests in a property involved in which a judgment entitled may be entitled, and there are assets
all over the place – better for a receiver to handle the assets)
o Ie conflicting interest with respect to assetand receiver is best appted by ocurt to reach these
interests and satisfy jdugemetn
o Order must be large befor services of receiver appted
o Not commonly adopted
o court will have regard to amt claimed by creditor
• must satisfy court tt amt claimed is signif enough
• amt likely to be obtained by receiver if appted
• cost of receiver -> must make economic sense to appt receiver
• court may order inquiry before making such an apptment
• feasibility study of sorts

 not appted where


• no impediments to execution
• when no special circumstances
• where property can be taken into legal execution

Further remedy in this area – injunction


• can apply for injn to restrin debtor fr dealing with property
• see debtors act later

Committal Proceedings – ORDER 52

- order 45 rule 5 if time period prescribed

17
Enforcement of judgment to do or abstain from doing an act (O. 45, r. 5)
5. —(1) Where —
(a) a person required by a judgment or order to do an act within a time specified in the judgment or order refuses
or neglects to do it within that time or, as the case may be, within that time as extended or abridged under Order
3, Rule 4; or
(b) a person disobeys a judgment or order requiring him to abstain from doing an act,
then, subject to these Rules, the judgment or order may be enforced by one or more of the following means:
(i) with the leave of the Court, an order of committal;
(ii) where that person is a body corporate, with the leave of the Court, an order of committal against any director
or other officer of the body;
(iii) subject to the provisions of the Debtors Act (Chapter 73), an order of committal against that person or, where
that person is a body corporate, against any such officer.
(2) Where a judgment or order requires a person to do an act within a time therein specified and an order is
subsequently made under Rule 6 requiring the act to be done within some other time, references in paragraph (1)
to a judgment or order shall be construed as references to the order made under Rule 6.
(3) Where under any judgment or order requiring the delivery of any movable property the person liable to
execution has the alternative of paying the assessed value of the property, the judgment or order shall not be
enforceable by order of committal under paragraph (1), but the Court may, on the application of the person
entitled to enforce the judgment or order, make an order requiring the first mentioned person to deliver the
property to the applicant within a time specified in the order, and that order may be so enforced.

• See Order 52 – The Court or the Court of Appeal have the power to punish for contempt of Court by an order of
committal in Form 110.

Committal for contempt of Court (O. 52, r. 1)


1. —(1) The power of the Court or the Court of Appeal to punish for contempt of Court may be exercised by an
order of committal in Form 109.
(2) Where contempt of Court is committed in connection with —
(a) any proceedings in the High Court; or
(b) any proceedings in the Subordinate Courts,
an order of committal may be made by the High Court or Subordinate Courts, as the case may be.
(3) Where contempt of Court is committed otherwise than in connection with any proceedings, an order of
committal may be made only by the High Court.
(4) Where contempt of the Court of Appeal is committed, an order of committal may be made by the High Court
or the Court of Appeal.
(5) Where by virtue of any written law the High Court has power to punish or take steps for the punishment of
any person charged with having done anything in relation to a court, tribunal or person which would, if it had
been done in relation to the High Court, have been a contempt of that Court, an order of committal may be made
by the High Court.

• When to apply for committal proceedings? – applies to 2 situations:

- 1. when disobedience to judgment; or


- 2. when failure to abide by an undertaking (especially when obtain injn)
• see chee soon juan v AGC – committal proceedings discussed extensively in this case – see
case!!!!
- when time period prescribed (required by judgment or order to action within certain time but had refused to
do so within the time) – see O45 r5(1)(a)(i)

• to commit indiv to various sanctions


• EFFECT: The judgment debtor may be seized by police, imprisoned or ordered to pay a fine or asked to give
security etc.
- Normally fine
• Rationale: the aim is to pressure the debtor to settle.
• Fairly draconian process unless offender does not do what he is supposed to

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2-Step Procedure:

(i) Order 52, rule 2(1) – Must first obtain Leave to apply
- orig summons or by summons in proceedings itself
- file statement – in this statement –
• set out name and descriptn of applicant
• the person sought to be committed – name and descriptn
• need to est grds on which committal sought
- file affidavit verifying facts on which proceeding – must be evid before court tt mode of enforcement
nec in circumstances of the partr case

Application to Court (O. 52, r. 2)


2. —(1) No application to a Court for an order of committal against any person may be made unless leave to
make such an application has been granted in accordance with this Rule.
(2) An application for such leave must be made by ex parte originating summons or by summons in the
proceedings, as the case may be, to a Judge and must be supported by a statement setting out the name and
description of the applicant, the name, description and address of the person sought to be committed and the
grounds on which his committal is sought, and by an affidavit, to be filed when the application is made, verifying
the facts relied on.

(ii) Order 52, rule 3 – Apply for committal order by summons after leave has been granted:
o Once leave to apply has been granted, the judgment creditor may apply for an order for committal.
The application for the order of committal must be made by summons

Application for order after leave to apply granted (O. 52, r. 3)


3. —(1) When leave has been granted under Rule 2 to apply for an order of committal, the application for the
order must be made by summons in the proceedings in which leave was obtained, and, unless the Judge granting
leave has otherwise directed, there must be at least 8 clear days between the service of the application and the
day named therein for the hearing.
(2) [Deleted by S 806/2005]
(3) Unless within 14 days after such leave was granted the application for the order of committal is entered for
hearing, the leave shall lapse.
(4) Subject to paragraph (5), the ex parte originating summons or summons, the statement, and the supporting
affidavit under Rule 2, the order granting leave and the application for the order of committal must be served
personally on the person sought to be committed.
(5) Without prejudice to Order 62, Rule 5, the Court may dispense with service of the documents stated in
paragraph (4) if he thinks it just to do so.

- tools available to make judgment debtor comes up with payment or proposal for payment. To deal with
recalcitrant judgment debtor who don’t want to pay.

- must be served personally on the person sought to be committed at least 8 clear days before the hearing
- Order must be obgtained within 14 days after leave is granted
- If not leave will automatically lapse – ie need to start all over again

- When committal order made Court can suspend execution or discharge person sought to be committed
- Warrant for committal is obtained after committal order made to enforce or put into effect order for
committal – form 110
- Cases:
o AG v times newspapers 1991
o Chiltern district council v keane 1985
o Linkleter v linkleter 1988
o Re supply of ready mixed conicrete 1991
o Nicholls v nicholls 1997
o Miller v scorey 1996
 Using disclosed documents in second action with similar parties may be a contempt,
depending significantly upon whether any undertaking, express or implied was given.

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The court struck out an action where proceedings were commenced in reliance on
documents produced on discovery in an earlier action, where the consent of the court had
not been obtained prior to the commencement of the second action

JUDGMENTS FOR POSSESSION OF LAND – ORDER 45, RULE 3 (by Writ of Possession / Order of
Committal )

• Usually when acting for ll, and have order for possession and damges but tenant x vacate premises
o So proceed by this method

• Order 45, rule 3(1) – judgment for possession of land may be enforced by
• (a) writ of possession (Form 90 – O45 r12(3)) OR
• precipae under form 92C
• (b) an order of committal when rule 5 applies. This is based on the assumption that the judgment
creditor has obtained a writ of possession.

Enforcement of judgment for possession of immovable property (O. 45, r. 3)


3. —(1) Subject to these Rules, a judgment or order for the giving of possession of immovable property may be
enforced by one or more of the following means:
(a) writ of possession;
(b) in a case in which Rule 5 applies, an order of committal.
(2) A writ of possession to enforce a judgment or order for the giving of possession of any immovable property
shall not be issued without the leave of the Court except where the judgment or order was given or made in a
mortgage action to which Order 83 applies.
(3) Such leave shall not be granted unless it is shown that every person in actual possession of the whole or
any part of the immovable property has received such notice of the proceedings as appears to the Court
sufficient to enable him to apply to the Court for any relief to which he may be entitled.
(4) A writ of possession may include provision for enforcing the payment of any money adjudged or ordered to
be paid by the judgment or order which is to be enforced by the writ.

[Note: Order 45 Rule 5 deals with where a person is required by a judgment or order to do an act, or to abstain
from doing an act, and the person refuses, neglects or disobey the judgment or order.]

• Order 45, rule 12(3)

Forms of writs (O. 45, r. 12)


12. —(1) A writ of seizure and sale must be in Form 82 (for movable property) or Form 83 (for immovable
property).
(2) A writ of delivery must be in Form 84.
(3) A writ of possession must be in Form 85.

• Order 45, rule 3(2) - leave is required; affidavit setting out the usual.

• Order 45, rule 3(3) – Leave will not be granted unless it is shown that every person in actual possession has
received notice of proceedings so that they can apply for relief. Ie must est tt notice has been given.

• Order 45, rule 3(4) - Can also deal with payment of money – not exclusive to land

• Order 15 rule 10

Actions for possession of immovable property (O. 15, r. 10)


10. —(1) Without prejudice to Rule 6, the Court may at any stage of the proceedings in an action for
possession of immovable property order any person not a party to the action who is in possession of the
immovable property (whether in actual possession or by a tenant) to be added as a defendant.

20
(2) An application by any person for an order under this Rule may be made by ex parte summons, supported by
an affidavit showing that he is in possession of the immovable property in question and if by a tenant, naming
him.
(3) A person added as a defendant by an order under this Rule must serve a copy of the order on the plaintiff and
must enter an appearance in the action within such period, if any, as may be specified in the order or, if no period
is so specified, within 7 days after the making of the order, and the Rules as to entry of appearance shall apply
accordingly to entry of appearance by him.

JUDGMENT FOR DELIVERY OF MOVABLE PROPERTY – Order 45, Rule 4 – (Writ of Delivery)

• Normally when want to recover car, etc


• Order 45, rule 12(2) – A writ of delivery must be in Form 90

Forms of writs (O. 45, r. 12)


12. —(1) A writ of seizure and sale must be in Form 82 (for movable property) or Form 83 (for immovable
property).
(2) A writ of delivery must be in Form 84.
(3) A writ of possession must be in Form 85.

• Order 45, rule 4 – deals with enforcement of judgment for delivery of movable property. The judgment
may be enforced by writ of delivery.

Enforcement of judgment for delivery of movable property (O. 45, r. 4)


4. —(1) Subject to these Rules, a judgment or order for the delivery of any movable property which does not
give a person against whom the judgment is given or order made the alternative of paying the assessed value of
the property may be enforced by one or more of the following means:
(a) writ of delivery to recover the property without alternative provision for recovery of the assessed value
thereof (referred to in this Rule as a writ of specific delivery);
(b) in a case in which Rule 5 applies, an order of committal.
(2) Subject to these Rules, a judgment or order for the delivery of any movable property or payment of their
assessed value may be enforced by one or more of the following means:
(a) writ of delivery to recover the property or its assessed value;
(b) with the leave of the Court, writ of specific delivery;
(c) in a case in which Rule 5 applies, an order of committal.
(3) A writ of specific delivery, and a writ of delivery to recover any movable property or their assessed
value, may include provision for enforcing the payment of any money adjudged or ordered to be paid by
the judgment or order which is to be enforced by the writ.
(4) A judgment or order for the payment of the assessed value of any movable property may be enforced by the
same means as any other judgment or order for the payment of money.

Types of Judgment for delivery of movable property:

(i) Order 45, rule 4(1) - Judgment or order for the delivery of movable property with NO alternative to
pay the assessed value of the property (leave of the court is required) (eg Picasso painting)

- Enforce in either of 2 ways:


(a) Issue without leave writ of specific delivery; or
(b) If O45 R5 applies i.e. time prescribed, by committal

(ii) Order 45, rule 4(2) - Judgment or order for the delivery of movable property with alternative to pay
the assessed value of the property (leave of the court is not required)

- Enforced in either of 3 ways:


(a) Writ of delivery without leave of court
(b) Writ of specific delivery with leave of court
(c) If O45 R5 applies i.e. time prescribed, by committal

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[Note: Rule 5 deals with where a person is required by a judgment or order to do an act, or to abstain from doing
an act, and the person refuses, neglects or disobey the judgment or order.]

• Order 45 rule 4(3) – Writ of delivery of movable property may include provision for enforcing payment of
money.

EXAMINATION OF JUDGMENT DEBTOR – ORDER 48

• Order 48 - deals with order for examination of judgment debtor. This Order is very commonly relied on.
When do not knomw assets belonging to debtor and want to orally examiue him on assets he has
• It is an order to compel attendance of judgment debtor for the Registrar to orally examine the judgment
debtor on the assets he owned, their location and produce documents relevant to the questions.
• To ascertain his assets and enforce judgement on best way possible
• Not effective however – by the time this is done, he may have already dissipated it

• Order 48, rule 1(1) – Leave of court required - Application for order for examination of judgment debtor is
to be made ex parte by summons supported by affidavit in Form 99 by the judgment creditor. The
affidavit shall state:
(i) Judgement
(ii) Amt due etc
(iii) the reasons for seeking examination of the judgment debtor
(iv) specifying the documents that the judgment creditor wants the judgment debtor to bring to
court.

Order for examination of judgment debtor (O. 48, r. 1)


1. —(1) Where a person has obtained a judgment or order for the payment by some other person (referred to in
this Order as the judgment debtor) of money, the Court may, on an application made by ex parte summons
supported by affidavit in Form 99 by the person entitled to enforce the judgment or order, order the judgment
debtor, or, if the judgment debtor is a body corporate, an officer thereof, to attend before the Registrar, and be
orally examined on whatever property the judgment debtor has and wheresoever situated, and the Court may also
order the judgment debtor or officer to produce any books or documents in the possession of the judgment debtor
relevant to the questions aforesaid at the time and place appointed for the examination.
(2) An order under this Rule must be in Form 100 and must be served personally on the judgment debtor and on
any officer of a body corporate ordered to attend for examination.
(3) Any difficulty arising in the course of an examination under this Rule before the Registrar, including any
dispute with respect to the obligation of the person being examined to answer any question put to him, may be
referred to the Court and the Court may determine it or give such directions for determining it as it thinks fit.

• Order 48, rule 1(2) – The order must be in Form 100 and must be served personally on the judgment
debtor and on any officer of a company ordered to attend examination.
• He is to do so under oath and if he does not can take into to acct
• Order rule 1(1) – Questions for Examination include:
o Property judgment DR has,
o Where the property are situated
o Produce any documents or books in possession of judgment DR relevant to questions above at time
and place appointed for examination.
• Note: Judgment CR XX judgment debtor on the stand.

ENFORCEMENT OF INJUNCTIONS – ORDER 45, RULE 5

• Types of Injunctions:

(i) Mandatory injunction – an order requiring the person to do an act


(ii) Prohibitory injunction – an order requiring the person NOT to do an act

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• Order 45, rule 5(1) – deals with the enforcement of an injunction by an order for Committal under 2
specific circumstances (breach of prohibitive injunction or time prescribed mandatory injunction)

Enforcement of judgment to do or abstain from doing an act (O. 45, r. 5)


5. —(1) Where —
(a) a person required by a judgment or order to do an act within a time specified in the judgment or order refuses
or neglects to do it within that time or, as the case may be, within that time as extended or abridged under Order
3, Rule 4; or
(b) a person disobeys a judgment or order requiring him to abstain from doing an act,
then, subject to these Rules, the judgment or order may be enforced by one or more of the following means:
(i) with the leave of the Court, an order of committal;
(ii) where that person is a body corporate, with the leave of the Court, an order of committal against any director
or other officer of the body;
(iii) subject to the provisions of the Debtors Act (Chapter 73), an order of committal against that person or, where
that person is a body corporate, against any such officer.
(2) Where a judgment or order requires a person to do an act within a time therein specified and an order is
subsequently made under Rule 6 requiring the act to be done within some other time, references in paragraph (1)
to a judgment or order shall be construed as references to the order made under Rule 6.
(3) Where under any judgment or order requiring the delivery of any movable property the person liable to
execution has the alternative of paying the assessed value of the property, the judgment or order shall not be
enforceable by order of committal under paragraph (1), but the Court may, on the application of the person
entitled to enforce the judgment or order, make an order requiring the first mentioned person to deliver the
property to the applicant within a time specified in the order, and that order may be so enforced.

Judgment, etc., requiring act to be done: Order fixing time for doing it (O. 45, r. 6)
6. —(1) Notwithstanding that a judgment or order requiring a person to do an act specifies a time within which
the act is to be done, the Court shall, without prejudice to Order 3, Rule 4, have power to make an order requiring
the act to be done within another time, being such time after service of that order, or such other time as may be
specified therein.
(2) Where, notwithstanding Order 42, Rule 6 (1), or by reason of Order 42, Rule 6 (2), a judgment or order
requiring a person to do an act does not specify a time within which the act is to be done, the Court shall have
power subsequently to make an order requiring the act to be done within such time after service of that order, or
such other time, as may be specified therein.
(3) An application for an order under this Rule must be made by summons and the summons must,
notwithstanding anything in Order 62, Rule 10, be served on the person required to do the act in question.

See - 1993 1 SLR 616 – highest std of crim charge reqd before order for committal can be obtained. Reqd by way
of summons or affidavit and order to be served personally on person concerned.

• Elements of Culpability - Before court makes order for committal proceedings, the standard of proof that is
required is proof beyond reasonable doubt intent of committal.

Cartier v. Lee Hock Lee [1993] 1 SLR 616


- Facts:
o Cartier had obtained judgment against the defendant restraining him from infringing their
copyright by trading in counterfeit goods. The plaintiffs applied for an order for committal against
the defendant as he had continued to trade in counterfeit goods despite the court order against him.
- Held, allowing the applications:
o In committing a person for contempt of court where the punishment is incarceration, the charge
against him must be proved to the high standard required in a criminal charge.
o All that is necessary to enforce a judgment or order by an order for committal is to
demonstrate that the alleged contemnor did in fact, with the knowledge of the terms of the
judgment or order, disobey it. Hence the only question in this case was whether the defendant
had disobeyed the judgment and order prohibiting him from infringing the plaintiffs`
trademarks.

• Mode of Application (Committal proceedings – see above)

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o Need leave of Court made ex parte summons supported by affidavit – O52 r2(2)
o After leave, application by motion for order of committal – O52 r3(1)
o To be served personally.

• Need to specify time for compliance in case of Mandatory Orders (ordering person to do sthg within time
specified) – O45 R5(1) and R6

“STOP ORDERS”: PROTECTION OF INTEREST IN SECURITIES – ORDER 50


• Order 50 – deals with Stop Orders. Such orders may be relied on by any person claiming a beneficial
interest in securities / shares.

Securities not in Court: Stop notice (O. 50, r. 1)


1. —(1) Any person claiming to be beneficially entitled to an interest in any securities to which this Rule applies,
other than securities in Court, who wishes to be notified of any proposed transfer or payment of those securities
may avail himself of the provisions of this Rule.
(2) A person claiming to be so entitled must file in the Registry —
(a) an affidavit identifying the securities in question and describing his interest therein by reference to the
document under which it arises; and
(b) a notice in Form 105 signed by the deponent to the affidavit, and annexed to it, addressed to the
Accountant-General or, as the case may be, the company concerned,
and must serve an office copy of the affidavit, and a copy of the notice sealed with the seal of the Supreme Court
or Subordinate Courts, as the case may be, on the Accountant-General or that company.
(3) There must be endorsed on the affidavit filed under this Rule a notice stating the address to which any such
notice as is referred to in Rule 2 (1) is to be sent and, subject to paragraph (4), that address shall for the purpose
of that Rule be the address for service of the person on whose behalf the affidavit is filed.
(4) A person on whose behalf an affidavit under this Rule is filed may change his address for service for the
purpose of Rule 2 by serving on the Accountant-General or, as the case may be, the company concerned, a notice
to that effect, and as from the date of service of such a notice, the address stated therein shall for the purpose of
that Rule be the address for service of that person.
(5) The securities to which this Rule applies are —
(a) any Government stock, and any stock of any company or corporation registered or incorporated under any
written law, including any such stock standing in the name of the Accountant-General; and
(b) any dividend of or interest payable on such stock.
(6) In this Order, “Government stock” means any stock issued by the Government or any funds of or annuity
granted by the Government, and “stock” includes shares, debentures, debenture stock and stock options.

• Order 50, rule 1(2) – Procedure for applying for stop order (need Leave): Must file an affidavit
identifying the securities in question and the party’s interest in them; and file a notice in Form 106
addressed to the Accountant-General or the company (as the case may be).

• Service of notice and affidavit must be effected on company concerned.

• Order 50, rule 2 - Effect of [service of] Stop Notice: Neither the company or the Accountant-General (as
the case may be) may register any transfer of any securities or may any payment of any dividend without
informing the applicant. Ie preserve assets

Effect of stop notice (O. 50, r. 2)


2. —(1) Where a notice under Rule 1 has been served on the Accountant-General or a company, then, so long as
the notice is in force, the Accountant-General or the company shall not register a transfer of any stock or make a
payment of any dividend or interest, being a transfer or payment restrained by the notice, without serving on the
person on whose behalf the notice was filed at his address for service a notice informing him of the request for
such transfer or payment.
(2) Where the Accountant-General or a company receives a request for such a transfer or payment as is
mentioned in paragraph (1) made by or on behalf of the holder of the securities to which the notice under Rule 1
relates, the Accountant-General or the company shall not by reason only of that notice refuse to register the

24
transfer or make the payment for longer than 8 days after receipt of the request except under the authority of an
order of the Court.

• Order 50, rule 4 - Withdrawal of stop notice: The person on whose behalf a notice was filed may
withdraw it by serving a request for its withdrawal on the Accountant-General or (as the case may be), the
company.

Withdrawal, etc., of stop notice (O. 50, r. 4)


4. —(1) The person on whose behalf a notice under Rule 1 was filed may withdraw it by serving a request for its
withdrawal on the Accountant-General or, as the case may be, the company on whom the notice was served.
(2) Such request must be signed by the person on whose behalf the notice was filed and his signature must be
witnessed by a practising solicitor.
(3) The Court, on the application of any person claiming to be beneficially entitled to an interest in the securities
to which a notice under Rule 1 relates, may by order discharge the notice.
(4) An application for an order under paragraph (3) must be made by originating summons, and the originating
summons must be served on the person on whose behalf the notice under Rule 1 was filed.

• Order 50 rule 5 – Restraining Order: Order prohibiting transfer of shares (including gov shares) may by
order in From 107 prohibit the Accountant-General or that company from registering any transfer of that
stock or from paying any dividend or interest.

Order prohibiting transfer, etc., of securities (O. 50, r. 5)


5. —(1) The Court, on the application of any person claiming to be beneficially entitled to an interest in any
Government stock or any stock of any company registered under any written law, may by order in Form 106
prohibit the Accountant-General or, as the case may be, that company from registering any transfer of such part
of that stock as may be specified in the order or from paying any dividend thereof or interest thereon.
The name of the holder of the stock to which the order relates shall be stated in the order.
(2) An application for an order under this Rule must be made —
(a) where an action is pending, by summons in the action; and
(b) in any other case, by originating summons.
(3) The Court, on the application of any person claiming to be entitled to an interest in any stock to which an
order under this Rule relates, may vary or discharge the order on such terms (if any) as to costs as it thinks fit.

MISCELLANEOUS - OTHERS:

a. S43 Sub Courts Act – payment by instalments – order 47 rule 1A. no similar provision in HC though no
reason why this does not also apply there.

Payment by instalments (O. 47, r. 1A)


1A. —(1) Where judgment is given or an order is made for payment by instalments under section 43 of the
Subordinate Courts Act (Chapter 321), the instalments shall, unless the Court otherwise orders, be paid into
Court on such day as the judgment or order directs to the credit of the person entitled to enforce the judgment or
order and a direction to that effect must be recited in the judgment or order.
(2) A copy of any judgment or order for payment by instalments must be served on the person liable to pay, and
that person must produce it to the proper officer in the Registry whenever he pays money into Court.
(3) If no date for payment has been fixed by the Court, the first instalment shall be paid on the first day of the
month following the date of the judgment or order, and every successive instalment shall be paid on the first day
of each succeeding month.

b. Enforcement Under The Debtors Act – s17 Debtors Act (Attachment order / arrest)

• Powers Of court are draconian and extensive:


• Orders Court can make under Debtors Act to enforce judgment:
o Section 3 – Arrest:

25
 Where judgment for payment of money has not been satisfied, Court can arrest the debtor
if it appears to the court that there is probable reason for believing that he is likely to
leave Singapore to avoid payment of money / examination of his affairs.
 Arrest possible even if writ of execution has not been issued.

Debtors Act
Arrest of judgment debtor.
3. Where a judgment for the payment of money remains wholly or in part unsatisfied, whether a writ of execution
has issued or not, the court or a judge may order the debtor to be arrested and brought before the court forthwith
for examination as hereinafter provided, if it appears to the court or judge that there is probable reason for
believing, having regard to his conduct, or the state of his affairs, or otherwise, that he is likely to leave
Singapore with a view to avoiding payment of such money or to avoiding examination in respect of his affairs.

o Can examine debtor


o Can imprison debtor
 Whn failure to pay instalments agreed to be paid
o Can be appoied for before judgment is obtained.
 Satisfy court tt def is about to leave
o Section 17 – Attachment Order (attach property)
 Can apply under Section 17 of the Debtors Act for an attachment order on either of 3
grounds (useful for straightforward claims):
(i) when the debtor is absent from Singapore
(ii) when the debtor is going to remove or conceal assets OR
(iii) when service of the writ cannot effected

Debtors Act
17 – (1) Seizure of property before judgment
If it is shown to the satisfaction of the court or a judge, at any time after the issue of a writ of summons, by
evidence on oath, that the plaintiff has a good cause of action against the defendant, and —
a) that the defendant is absent from Singapore and that his place of abode cannot be discovered;
b) that service of a writ of summons cannot without great delay or difficulty be effected; or
c) that the defendant, with intent to obstruct or delay the execution of any judgment which has been or may be
made against him, has removed, or is about to remove, or has concealed, or is concealing, or making away
with, or handing over to others, any of his movable or immovable property,
the court or judge may order that the property of the defendant, or any part thereof, be forthwith seized by the
Sheriff of the Supreme Court as a pledge or surety to answer the just demand of the plaintiff, until the trial of the
action and satisfaction of any judgment that may be made against the defendant; but such order shall not
constitute the plaintiff a secured creditor if the defendant is adjudicated bankrupt:
Provided that any property of the defendant, if in the custody of any officer in the service of the Government, or
of any member of the Singapore Armed Forces or of any visiting forces lawfully present in Singapore, in his
official capacity shall be seized only with the consent in writing of the Attorney-General.

Emjay Enterprises Pte Ltd v Thakral Brothers (Private) Ltd & Ors [2000] 3 SLR 452
- Held: On the facts of the present case, the criteria for the issuance of an ex parte attachment order under
section 17 of the Debtors Act had been satisfied.
- First, there could be no doubt that the defendants had a good cause of action against the debtors, for they had
obtained judgment by admission within two weeks of commencement of their action.
- Secondly, the first and second debtors were not in Singapore at the time of the application, and although it
was known that they had left for India, their actual place of abode could not be discovered. The third debtor
was in Singapore but his exact whereabouts was unknown.
- Thirdly, the circumstances of the case supported an inference that the third debtor had the intention to
conceal and make away with Shah Electronics` stock-in-trade.

ENFORCEMENT OF FOREIGN JUDGMENTS – ORDER 67

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• For the enforcement of foreign judgment in Singapore, can rely on:
(i) Reciprocal Enforcement of Commonwealth Judgments Act (RECJA) (Chapter 264)
(ii) Reciprocal Enforcement of Foreign Judgments Act (REFJA) (Chapter 265)

• Registration of Foreign Judgment


o Section 3(1) RECJA – apply within 12 months
 Judgment CR may apply to High Court (power exercised by judge-in-chambers and
registrar) within 12 months of date of judgment (or any longer period allowed by the
Court) to register the judgment.
o Section 4(1) REFJA – apply within within 6 years
 May apply to High Court 6 years of date of judgment for it to be registered.

RECJA
Registration in Singapore of judgments obtained in superior courts in the United Kingdom.
3. —(1) Where a judgment has been obtained in a superior court of the United Kingdom of Great Britain and
Northern Ireland the judgment creditor may apply to the High Court at any time within 12 months after the date
of the judgment, or such longer period as may be allowed by the Court, to have the judgment registered in the
Court, and on any such application the High Court may, if in all the circumstances of the case it thinks it is just
and convenient that the judgment should be enforced in Singapore, and subject to this section, order the judgment
to be registered accordingly.

REFJA
Application for, and effect of, registration of foreign judgment
4. —(1) A person, being a judgment creditor under a judgment to which this Part applies, may apply to the High
Court at any time —
a) within 6 years after the date of the judgment; or
b) where there have been proceedings by way of appeal against the judgment, after the date of the last
judgment given in those proceedings,
to have the judgment registered in the High Court.

• Order 67 deals with Reciprocal Enforcement of Judgments – The powers conferred on the HC under the
RECJA and REFJA may be exercised by a Judge in Chambers and the Registrar.

Burswood Nominees Ltd (formerly Burswood Nominees Pty Ltd) v Liao Eng Kiat [2004] 2 SLR 436
(3) The doctrine of comity of nations was not to be taken lightly by the courts in Singapore. It was not within
the purview of a Singapore court to question the legality of a judgment obtained in a court of competent
jurisdiction. BN should therefore be allowed to register in Singapore the judgment granted by the Western
Australian court: at [30].
Judgement:
- Counsel for the applicants submitted that the basis of registration or enforcement of foreign judgments is the
doctrine of comity of nations. It is also founded on the doctrine of obligation in that the judgment of a court
of competent jurisdiction over a defendant imposes a duty or obligation on that defendant to pay the sum for
which the judgment is given, which the registering court is bound to enforce. Registration of the Australian
judgment would give effect to the Act which encompasses the doctrines of comity and obligation.
- Counsel urged the court to follow the decision in The Aspinall Curzon Ltd v Khoo Teng Hock [1991] 2 MLJ
484 where the Malaysian High Court in Kuala Lumpur allowed the registration of a UK judgment obtained
by an English casino against the defendant. (I believe the defendant is same defendant in Las Vegas Hilton
Corp v Khoo Teng Hock Sunny.) The Malaysian court held that as the cheques issued by the defendant were
in exchange for cash and gaming chips for the purpose of gambling at a licensed casino, which was not
unlawful in England, the enforcement of the UK judgment could not be considered as being against the
public policy of Malaysia. She also referred to Canadian cases in the same vein (Auerbach v Resorts
International Hotel Inc (1991) 89 DLR (4th) 688; Boardwalk Regency Corp v Maalouf (1992) 88 DLR (4th)
612 and MGM Grand Hotel Inc v Kiani [1998] 5 WWR 118).
- The alternative argument propounded by counsel for the applicants was that until the cheque was honoured,
the applicants’ voucher handed to the respondent represented a genuine short-term loan extended to the
respondent for gambling, which is allowed under the Casino Control Manual, a regulation issued in

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accordance with the gaming laws of Western Australia. Such genuine loans are not contrary to Singapore
public policy and are enforceable in Singapore.
- The decision
- I rejected the respondent’s arguments as having no merit whatsoever. There are several features in this case
which distinguished it from Star City Pty Ltd v Tan Hong Woon. Firstly, the applicants did not make their
claim in the Singapore courts. Their claim (quite properly) was made in the Western Australian courts in
compliance with the jurisdiction clause in the agreement. Having obtained a valid judgment outside
Singapore, the applicants intended to register it in Singapore for purposes of enforcement. Secondly, the
appellate court in Star City Pty Ltd v Tan Hong Woon specifically held ([17(b)] supra) that it is not against
the general principle of public policy in Singapore to allow recovery of money lent for the purposes of
gambling abroad, so long as the transaction is a genuine loan which is valid and enforceable according to
that foreign law.
- Counsel for the respondent had relied heavily on Star City Pty Ltd v Tan Hong Woon for her submission that
public policy (and s 5 of the CLA) disallows a Singapore court from lending a helping hand to casinos to
recover gambling debts. Otherwise, she argued, overseas casinos would be coming to Singapore to recover
gambling debts owed by Singapore gamblers. The converse argument is also true – it would equally be
against public policy for Singapore gamblers to gamble abroad with impunity safe in (and encouraged by)
the knowledge that upon their return to Singapore, they would not have to pay the debts they thereby
incurred. In this regard, it would be useful to refer to the following extract (at 693) from Auerbach v Resorts
International Hotel Inc where the Quebec Court of Appeal (per Mailhot J) echoed my sentiments:
- In my view, it would be quite contrary to public policy if Quebec became a refuge for gamblers who could
keep winnings from a gaming or betting activity yet refuse to pay debts they had previously contracted and
acknowledged by signing some cheque or credit note.
- It would be appropriate at this juncture to look at s 5 of the CLA; it states:
 All contracts or agreements, whether by parol or in writing, by way of gaming or wagering shall be
null and void.
 No action shall be brought or maintained in the court for recovering any sum of money or valuable
thing alleged to be won upon any wager or which has been deposited in the hands of any person to
abide the event on which any wager has been made.
- What is the actual prohibition contained in s 5? As was held by Chao J in Las Vegas Hilton Corp v Khoo
Teng Hock Sunny at [54] and [55]:
- At common law gaming is not per se illegal; neither is borrowing or lending money for gaming immoral or
unlawful at common law. Section 6 [now s 5 of the CLA] does not render gambling illegal. All that it says is
that a wagering contract is void and you cannot sue on it; neither can you sue to recover any wagering prize.

- The fact that if the present contract between the parties had been governed by Singapore law the contract
could be invalid or void (under s 6 of the Civil Law Act) does not mean that it, being governed by Nevada
law and valid under that law, may not be enforced in Singapore.
- The Court of Appeal in Star City Pty Ltd v Tan Hong Woon agreed with Chao J’s ruling that as the credit
facility extended by the plaintiff casino was enforceable and valid as a loan in Nevada, it fell outside the
scope of s 5(2) of the CLA altogether. The same reasoning was adopted by Choo Han Teck JC in Loh Chee
Song v Liew Yong Chian [1998] 2 SLR 641.
- The Court of Appeal in Star City Pty Ltd v Tan Hong Woon further held that s 5(2) is a procedural provision
which applies whenever foreign causes of action are being enforced in Singapore. It added (at [32]) that the
operation of s 5(2) of the CLA merely negatives the enforcement but not the validity of gaming contracts.
- Section 5 of the CLA is in pari materia to s 18 of the (UK) Gaming Act 1945. Dicey & Morris on The
Conflict of Laws (13th Ed, 2000) vol 2 at para 33R–434 states the following rule (Rule 199):
• A wagering contract which is valid by its governing law is valid in England, but no action
lies in England to recover any money won on such a contract.
• A cheque drawn on an English bank and given by way of security for money won by
gaming or betting on games or for money lent for gaming or betting, is deemed to have
been given for an illegal consideration. Hence, an action in England on the cheque will
fail, unless it has been negotiated to a holder in due course.
• But an action on the loan itself will succeed if the loan is valid by its governing law.
- The authors then set out the following principles (at para 33-435):
o An English statute which makes wagering contracts void applies only to contracts governed by English law.

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o An English statute which makes wagering contracts unenforceable, ie forbids the bringing of an action on
the contract, applies to all actions brought in an English court on wagering contracts, irrespective of the law
applicable to them.
o English law governs the validity of a negotiable instrument, eg a cheque, payable in England but issued or
negotiated by way of conditional payment of, or security for, a debt arising from a foreign wagering
contract.
- And added at paras 33-436 and 33-437:
- Section 18 of the Gaming Act 1845, makes wagering contracts null and void. It also forbids suits being
brought to recover money won on wagers. It is, therefore, a statute which deals both with the validity and
with the enforceability of such contracts. The validity of a foreign wagering contract is not affected by this
statute, but, though valid, it cannot be sued upon in an English court. Being part of the lex fori, the second,
procedural part of the section relieves the court “of the duty of adjudicating on foreign wagering contracts
which by the ordinary rules of private international law would escape invalidation by the first part.” [quoting
Lord Radcliffe’s judgment at 579 from Hill v William Hill (Park Lane) Ltd [1949] AC 530]
- … The Act of 1845 cannot be interpreted as rendering null and void wagering contracts governed by foreign
law (though it makes them unenforceable).
- The test really is to ask the question: Was the principal judgment sum a loan from the applicants to the
respondent to enable him to gamble at the Casino and which the respondent purportedly repaid with the
cheque? I am of the view the answer is an emphatic yes. In such an event, public policy does not disallow
the applicants from registering their judgment in Singapore under the Act. It would be a different
consideration altogether had the facts revealed that the respondent gambled, lost and purportedly paid the
Casino for his losses with the cheque, which was subsequently dishonoured.

STAY OF EXECUTION

- when acting for debtor, applying to court to preempt any act tt plaintiff may wish to take to avoid execution
taking place
- generally court will not allow a judgemtn creditor to not get fruits of judgement
- but application can be made

A) Writ of Seizure & Sale

Power to stay execution by writ of seizure and sale (O. 47, r. 1)


1. —(1) Where a judgment is given or an order made for the payment by any person of money, and the Court is
satisfied, on an application made at the time of the judgment or order, or at any time thereafter, by the judgment
debtor or other party liable to execution —
(a) that there are special circumstances which render it inexpedient to enforce the judgment or order; or
(b) that the applicant is unable from any cause to pay the money,
then, notwithstanding anything in Rule 2 or 3, the Court may by order stay the execution of the judgment or
order by writ of seizure and sale either absolutely or for such period and subject to such conditions as the Court
thinks fit.
(2) An application under this Rule, if not made at the time the judgment is given or order made, must be made by
summons and may be so made notwithstanding that the party liable to execution did not enter an appearance in
the action.
(3) An application made by summons must be supported by an affidavit made by or on behalf of the applicant
stating the grounds of the application and the evidence necessary to substantiate them and, in particular, where
such application is made on the grounds of the applicant’s inability to pay, disclosing his income, the nature and
value of any property of his and the amount of any other liabilities of his.
(4) The summons and a copy of the supporting affidavit must, not less than 4 clear days before the return day, be
served on the party entitled to enforce the judgment or order.
(5) An order staying execution under this Rule may be varied or revoked by a subsequent order.

• 2 Grounds for Applying for Stay of Execution – O47 r1(1)


o (a) Special circumstances which render it inexpedient to enforce judgment or order
 1992 1 MLJ 775 – see case

Diversey (Far East) Pte Ltd v Serba Pakar Kimia Sdn Bhd [1992] 1 MLJ 775

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Facts:
On 6 June 1991, the defendant/judgment debtor filed a summons-in-chambers and applied for several orders, ie:
(i) that the writ of seizure and sale be stayed, or set aside or struck out;
(ii) that the defendant`s/judgment debtor`s vehicle SA 9263 C be released and that the plaintiff/judgment creditor
do pay damages; and
(iii) that costs be defendant`s/judgment debtor`s costs.
A certificate of urgency dated 29 May 1991 was filed and signed by one Ooi Kim Ean.
The grounds advanced in the application to stay or set aside or strike out the writ of seizure and sale were that:
(a) its execution was irregular, defective, wrongful and an abuse of the process of court;
(b) its execution was illegal and contravened the Exchange Control Act 1953;
(c) an application had been made earlier under O 45 r 11 for a stay of the judgment;
(d) the defendant/judgment debtor had filed an appeal to the Supreme Court; and
(e) the execution of the writ was mala fides.
Held:
(1).There was no mala fide on the plaintiff`s part as the steps taken by the plaintiff were in furtherance of a court
order. Nor was there an abuse of the process of the court when the plaintiff acted in obedience to a court order.
(2).Section 8 of the Exchange Control Act 1953 prohibits persons from making payment to a person resident
outside Malaysia. The defendant was thus prohibited by s 8 from making payment. However, even if permission
from the Controller had not been obtained, under cl 1 of Sch 4 of the Exchange Control Act 1953, the writ could
direct the sheriff who carried out the seizure to pay the proceeds of the execution into court. Before the money
could be released to the plaintiff, the requisite permission should be obtained under O 22 r 19 of the Rules of the
High Court 1980. The plaintiff`s execution of the writ was therefore not illegal.
Judgement
The summons-in-chambers was applied for under O 47 r 1 which permits the stay of execution by writ of seizure
and sale (O 47 r 1(a)) if there are special circumstances which render it inexpedient to enforce the judgment or
order. Miss Nancy Tan was correct to observe that O 2 r 1(1) was on the effect of non-compliance and that any
irregularity shall not nullify ... the judgment or order. It must, however, be added that the summons-in-chambers
did not challenge the validity of the judgment or order.
Are there sufficient grounds for the court to stay or set aside or strike out the writ of seizure and sale?

o (b) Judgment debtor (applicant) is unable to pay debt (but may do so later)

• Mode of Application – O47 r1(3)


o Summons supported by affidavit. Affidavit should state grounds of application and evid necessary
to substantiate them.
o affidavit must contain the following:
 1. Judgment debtor inability to pay debt
 2. Income (proof from tax returns),
 3. nature and value of any property/assets and
 4. amount of liabilities.

• Service of Summons & Affidavit on Judgment Creditor – O47 r1(4)


o Must serve copy of application (summons and affidavit) on judgment creditor within 4 clear days
before the return date.

• Matter will go before Registrar who will hear both sides and determine whether application to stay
execution is successful

B) Order 14 Proceedings (subject to counterclaim)

• Stay can also be granted for default judgments made in O14 proceedings.
• 014 rule 6 (1b) when court leaves summary judgment and def has counterclaim and there is usu stay
pending trial of claim of countercliam
• at hearing of order 14 itself
• given readily by courts

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• When will court grant unconditional leave to defend / stay at summary trials?

 Linotype-Hell Finance Ltd v Baker [1993] 1 WLR 321


o Held:
 If a defendant can say that without a stay of execution he will be ruined and that he has
an appeal which has some prospect of success, that is a legitimate ground for granting a
stay of execution.
 Followed in United Malayan Banking v Lim Kang Seng [1994] SGHC 63 and Tokuhon
v Seow Kang Hong [2003] 4 SLR 67 and
 Morgan & Son v S Martin Johnson & Co [1949] 1 KB 107
o Held:
 Where a defendant alleges, bona fide, facts which, if proved, would establish a good
equitable set-off, he should be given unconditional leave to defend

 Avery-Lawrence Pte Ltd v Electrical Enterprises [1972] 2 182


o Facts:
 Rspondents/plaintiff`s claim was for $32,056.31. The plaintiff took out a summons for
summary judgment under O14. The registrar gave the defendants unconditional leave to
defend.
 Plaintiffs appealed to HC. Defendants filed their defence and counterclaim in which they
claimed to set-off against the whole of the plaintiffs` claim, for $30,339. The judge gave
leave to the plaintiffs to sign final judgment for $23,679 and ordered that the balance of
the claim should proceed to trial.
 Defendants appealed to the Court of Appeal. They contended that they were entitled to
unconditional leave to defend the whole of the plaintiffs` claim as they had a bona fide
claim arising out of the subject matter of the plaintiffs` claim and so connected with it as
to form part of one transaction between the parties
o Held, appeal allowed. Stay granted pending outcome of counterclaim
 Court is satisfied that the defendants prima facie have a bona fide claim arising out of the
same transaction between the parties which they are entitled to have investigated at a full
trial and that the judge was wrong in law in not considering this aspect of the matter. We
are of the opinion that the defendants` claim on the facts alleged in the affidavit filed on
behalf of the defendants, if proved at the trial, would establish a good equitable set-off.

C) Matters Occurring After Judgment – Order 45 rule 11

Matters occurring after judgment: Stay of execution, etc. (O. 45, r. 11)
11. Without prejudice to Order 47, Rule 1, a party against whom a judgment has been given or an order made
may apply to the Court for a stay of execution of the judgment or order or other relief on the ground of matters
which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and
on such terms, as it thinks fit.

• If sitn takes pace after judgment entered – can apply for stay and court may allow depending on what is the
event tt occurred.
• Difficult to obtain.

D) Cases Pending Appeal

- Order 55D rule 13 (1) and order 56 rule 1(4) – general principle – appeal shall not operate as stay of
execution.
• – Appeal shall not operate as stay of execution unless the court below or high court otherwise direct.

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• Courts will consider all merits of case and weigh plaintiffs interest with tt of defendant and particularly will
have regard to merits in the appeal. Also take heed to fact tt appeal not x succeed to orig position if succeeds
in appeal

• By way of summons with affidavit


 Set out grds

• Powers of court - can make any order it thins fit including imposing terms for partial payment of
judgement sum

Stay of execution, etc. (O. 55D, r. 13)


13. —(1) Except so far as the Court below or the High Court may otherwise direct —
(a) an appeal shall not operate as a stay of execution or of proceedings under the decision of the Court below;
(b) no intermediate act or proceeding shall be invalidated by an appeal.
(2) On an appeal, interest for such time as execution has been delayed by the appeal shall be allowed unless the
High Court otherwise orders

Appeals from decisions of Registrar to Judge in Chambers (O. 56, r. 1)


1. —(1) An appeal shall lie to a Judge in Chambers from any judgment, order or decision of the Registrar.
(2) The appeal shall be brought by serving on every other party to the proceedings in which the judgment, order
or decision was given or made a notice in Form 113 to attend before the Judge on a day specified in the notice.
(3) Unless the Court otherwise orders, the notice must be issued within 14 days after the judgment, order or
decision appealed against was given or made and served on all other parties within 7 days of it being issued.
(4) Except so far as the Court may otherwise direct, an appeal under this Rule shall not operate as a stay of the
proceedings in which the appeal is brought.

• When will Stay be allowed if matter is Pending Appeal?

o Serangoon Garden Estate [1953] 1 MLR 116


 The fact that the defendant cannot be restored to his original position if his appeal
succeeds is NOT a sufficient ground. It might be an important factor to be taken into
consideration if there were other grounds, for example, that there were merits in the
appeal.
 It is a clear principle that the Court will not deprive a successful party of the fruits of his
litigation until an appeal is determined, unless the unsuccessful party can show special
circumstances to justify it.

o Lee Hian Hee v Oh Keng Soon [1992] 1 SLR 77


 There is no distinction between Order 14 judgments and trial for the purpose
determining whether stay of execution should be granted.
 Here, likelihood of success in the appeal against the default judgment was not by itself
sufficient ground for the grant of a stay. There was nothing to show that the court should
exercise its discretion to grant a stay in appellant’s favour.

o Lee Kuan Yew v Jeyaretnam JB (No 2) [1991] 1 MLJ 83


 Facts: The defendant had been ordered to pay the plaintiff a large sum of damages for slander.
The plaintiff had demanded payment of the sum and refused to agree to a stay of execution.
The defendant applied to court for a stay of execution on the grounds that he had strong
grounds for his appeal against the original decision.
 Held , dismissing the defendant`s application:
 (1).An appeal did not of itself operate as a stay of execution. The court had power to
grant a stay at its discretion, which had to be exercised in accordance with established
principles.
 (2).Judgment against the defendant was given after a full trial. The court should not have
deprived a successful plaintiff of the fruits of his victory pending an appeal unless there
were special circumstances to justify the granting of a stay.

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 Judgement:
 The court has power to grant a stay, and this is entirely in the discretion of the court, but
the discretion must be exercised in accordance with established principles. In the present
case, the judgment was not a summary judgment or a judgment in default, but was a
judgment which was given after a full trial, in which the court even had the benefit of
submissions by eminent Queen`s Counsel on both sides. In such cases in which an
unsuccessful defendant has had a full opportunity to present his case, the court should not
deprive a successful plaintiff of the fruits of his victory pending an appeal, unless the
unsuccessful defendant can show some special circumstances to justify the granting of a
stay: Hong Leong Finance Bhd v Hon Hoi Weng & Ors [1987] 2 MLJ 377 .
 An example of such special circumstances would be a situation in which it can be shown
by affidavit that, unless a stay is granted, a successful appeal could be nugatory. There
might be the likelihood of the judgment creditor becoming insolvent before the disposal
of the appeal, or the circumstances might be such that, if the judgment debt and costs are
paid, there is no reasonable probability of getting them back if the appeal succeeds.
 Thus, in Wilson v Church (No 2) (1879) 12 Ch D 454 a bond holder on behalf of himself
and other bond holders claimed against a railway company that money advanced by them
to the company should be returned, instead of its being applied in the undertaking.
Judgment was given for the bond holder with costs, and it was ordered that the money
should be forthwith distributed among the bond holders. The bonds were payable to
bearer, the bond holders were very numerous and many were residing abroad. The
defendant company appealed and moved to stay proceedings pending the appeal. It was
held that there were sufficient grounds to induce the court to stay the distribution of the
fund pending the appeal.
 See also Barker v Lavery (1885) 14 QBD 769 followed in Atkins v Great Western
Railway Co (1886) 2 TLR 400. In the present case, the defendant set out in his affidavit a
number of grounds of appeal which he contended had substantial merits. However, the
fact that there may be strong grounds for an appeal is not by itself a reason for granting a
stay. In Atkins v Great Western Railway Co , Lord Esher MR said in refusing a stay: ...
that there were strong grounds for an appeal was no reason, for no one ought to appeal
without strong grounds for doing so.

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