SINGAPORE Law and Practice Contributed by: Simon Goh and Wang Ying Shuang, Rajah & Tann Singapore LLP
9.4 Enforcement of Judgments Reciprocal Enforcement of Foreign Judgments Act Previously, a foreign judgment from a foreign jurisdic- tion specified in the Reciprocal Enforcement of Com- monwealth Judgments Act (Cap 264) (RECJA) or the Reciprocal Enforcement of Foreign Judgments Act (Cap 265) (REFJA) could only be enforced against an insurer if it was registered in the General Division of the High Court. However, the RECJA has been repealed with effect from 1 March 2023, serving to streamline and consolidated Singapore’s legal framework for the statutory recognition and enforcement of foreign judgments in civil proceedings under the REFJA. Final money judgments from the superior courts of Brunei, Australia, India, Malaysia, New Zealand, Pakistan, Papua New Guinea, Sri Lanka, the United Kingdom and Hong Kong SAR are now registrable under the REFJA. CCAA In addition, Section 18 of the CCAA specifically pro- vides that the High Court may not limit or refuse the recognition or enforcement of a foreign judgment of liability under the terms of a contract of insurance or reinsurance on the ground that the liability under the contract includes liability to indemnify the insured or reinsured in respect of a matter to which the CCAA does not apply, or an award of damages that will not be recognised or enforced under Section 16 of the CCAA. Judgments from contracting states of the Hague Convention will therefore be recognised and enforced in Singapore Courts. Common Law If the foreign judgment is not from a foreign jurisdic- tion specified in the REFJA or CCAA, the position in common law would have to be relied on to enforce said foreign judgment. Under the common law, a for- eign judgment in personam given by a foreign court of competent jurisdiction may be enforced by an action for the amount due under it so long as the foreign judgment is final and conclusive between the same parties ( Hong Pian Tee v Les Placements Germain Gauthier Inc [2002] 1 SLR(R) 515). In addition, a for- eign judgment may be enforced by an action for the amount due under it only if it is a judgment for a defi- nite sum of money ( Poh Soon Kiat v Desert Palace Inc (trading as Caesars Palace) [2010] 1 SLR 1129).
mercial Court, a dedicated division of the Singapore High Court. The jurisdictional limits of the different courts are as follows: • if the value of the claim is lower than SGD60,000, the case should be filed in the Magistrate’s Court; • if the value of the claim is between SGD60,000 and SGD250,000, the case should be filed in the District Court; and • if the value of the claim is more than SGD250,000, the case should be filed in the General Division of the High Court. In addition, the following applies specifically with regards to road traffic accident claims or claims for personal injuries arising out of industrial accidents: • if the value of the claim is SGD500,000 or less, the case should be filed in the District Court; and • if the value of the claim is more than SGD500,000, the case should be filed in the General Division of the High Court. Civil claims are typically heard first in the General Divi- sion of the High Court or the State Court, depend- ing on the quantum of the claim and the nature of the relief sought, as the High Court only hears claims that exceed SGD250,000. Appeals from the State Courts are heard in the General Division of the High Court, and appeals from the High Court are heard in the Appellate Division of the High Court or Court of Appeal. The litigation process typically commences with the claimant filing either an originating claim (OC) or an originating application (OA). An OA is appropriate for a civil claim if it is required by law or if it concerns some question of law and the material facts are not in dispute; otherwise, an OC would be appropriate. Fol- lowing the filing of the defence in an OC, parties then move on to the exchange of affidavits of evidence- in-chief (ie, witness statements) before the discovery stage (which involves the disclosure of documents). Singapore does not have jury trials, and all trials are before a judge (or a magistrate in the lower courts).
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