SINGAPORE Law and Practice Contributed by: Randolph Khoo, See Chern Yang, Tan Ei Leen and Sharon Ki, Drew & Napier
2.6 Unenforceable Domestic Judgments No specific domestic judgments are excluded from recognition and enforcement, save that where a judg - ment orders costs to be taxed (ie, assessed by the court), those costs must first be taxed (Order 47 Rule 2 of the Revoked Rules). However, it may not always be commercially viable to pursue enforcement where the costs are disproportionate to the judgment sum. An enforcement applicant should always consider whether it is worthwhile to pursue enforcement, as time and effort will be spent to make the necessary applications and there is no guarantee that there will be actual recovery from the enforcement respondent. Taking into account the issues above, the Ministry of Law announced in its initiatives for 2022 that it would study proposals to make the enforcement of civil judgments simpler and more streamlined in order to benefit SMEs that may find the current processes too expensive, especially where lower-value judgments are concerned. There have been no concrete meas - ures announced to date. In the Committee of Supply Debate 2025, the Ministry of Law stated that possible future changes to the enforcement regime may entail: • providing the court with greater powers to identify the assets and income streams of the judgment debtor; • introducing new modes of enforcement to deter and punish non-compliance with court orders; and • creation of the new position of Civil Judgment Enforcement Officers, who are intended to effec - tively assist litigants who wish to enforce their civil judgments. The Ministry of Law also added that the proposed changes are novel and depart from the existing frame - work for enforcement. The Ministry is currently still studying and evaluating them and consulting with stakeholders and interested parties, including mem - bers of the Bar and the Judiciary. 2.7 Register of Domestic Judgments All cause papers (including judgments and orders) are filed with the Singapore Court Registry, and it is pos - sible for interested parties to apply to inspect these
(a) apply to set aside a judgment made in default of the filing of a notice of intention to contest or not contest the claim or a defence; (b) apply to set aside judgment that has been granted pursuant to a trial on the merits if it was granted in the defendant’s absence (Order 35 Rule 2 (1) of the Revoked Rules, Order 9 Rule 4 (3) of the ROC 2021, Order 9 Rule 6 (2) of the ROC 2021, Order 9 Rule 17 (10) of the ROC 2021) or procured by fraud (Su Sh-Hsyu v Wee Yue Chew (2007) 3 SLR(R) 673 at (66 (b)) cf Ten Leu Jiun Jeanne-Marie (2023) 4 SLR 1362 at (48) to (52)), as the case may be; or (c) file an appeal on grounds that the judge hear - ing the matter had made an error of fact or law – in an appropriate case, where there has been a substantial wrong or miscarriage of justice, the defendant may even seek a retrial as part of the appeal. The defendant may also take one of the following additional steps: • apply for a stay of enforcement pending appeal; or • apply for a general stay of enforcement of the judg - ment. In general, to obtain a stay of enforcement, the defendant must demonstrate special circumstances that render it inappropriate to enforce the judgment or order immediately (Order 22 r 13 (1) Rules of Court 2021; Lee Kuan Yew v Jeyaretnam Joshua Benjamin (1990) 1 SLR(R) 772 at (6); Strandore Invest A/S and others v Soh Kim Wat (2010) SGHC 174 at (7)). The existence of an appeal does not of itself warrant the grant of a stay, as the courts do not generally deprive a successful litigant of the fruits of litigation or lock up funds to which a successful litigant is prima facie enti - tled to. On the other hand, the court ought to see that any appeal – if successful – is not rendered nugatory. A stay may be granted if the defendant can demon - strate that there is no reasonable probability of getting back any costs or damages paid if the appeal suc - ceeds. The court’s power to grant a stay is ultimately discretionary and may be exercised subject to such conditions as the court thinks fit to impose.
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