SINGAPORE Law and Practice Contributed by: Randolph Khoo, See Chern Yang, Tan Ei Leen and Sharon Ki, Drew & Napier
Ee Liam, deceased) v Chen Aun-Li Andrew (2023) 3 SLR 283). The High Court in DGX v DGY (2024) SGHC 17 cit - ed Singapore Parliamentary debates in which it was stated that the precise scope of enforceable judg - ments must be negotiated with each state individu - ally. Hence, there is a possibility that there could be an expanded or variable range of enforceable judgments in the future. CCAA To be recognised and enforced under the CCAA, a foreign judgment from a court of a contracting state to the HCCCA need only satisfy the following two basic requirements. • It must be “effective” and “enforceable” in the state of origin (Section 13 (2) of the CCAA) – the term “effective” means that the judgment must be legally valid and operative ( Ermgassen & Co Ltd v Sixcap Financials Pte Ltd (2018) SGHCR 8 at (11)). • It must be a final decision on the merits, a consent judgment or a judgment given by default (Section 2 (1) of the CCAA) – the merits requirement means that procedural rulings are generally excluded, save for orders as to costs (see the definition of “judgment” in Section 2 (1) of the CCAA). Interim measures of protection such as interlocutory and anti-suit injunctions are also expressly excluded (Section 10 of the CCAA). The CCAA is not confined to money judgments. How - ever, it will not apply to judgments concerning certain matters, including but not limited to (Section 9 of the CCAA): • the status and legal capacity of an individual; • any matter relating to family law; • any matter relating to succession; • bankruptcy, insolvency, composition or any analo - gous matter; • any matter relating to competition or antitrust law; • any claim for personal injury or death brought by or on behalf of an individual; and • any right in rem in any immovable property.
The CCAA currently applies to judgments obtained in Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germa - ny, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, Montenegro, the Nether - lands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Ukraine and the UK. 3.3 Categories of Foreign Judgments Not Enforced Judgments that do not meet the criteria of the various common law and statutory enforcement regimes can - not be enforced in Singapore. By way of example, any default judgments obtained without any determination on the merits of the case may face enforcement dif - ficulties in Singapore. Two specific areas merit special mention: At present, interim injunctions (eg, interim freezing orders and interlocutory prohibitory or mandatory injunctions) granted by a foreign court will only be enforced under the REFJA(A) if an order is made under Section 3 (1) of the REFJA(A) to extend Part I of the REFJA(A) to such judgments from the relevant coun - try. This is because they are not final or conclusive in nature. If no such order is made, a party will instead have to obtain an interim/interlocutory injunction from the Singapore courts (Section 4 (10A) of the Civil Law Act 1909; Section 18 (2) of the Supreme Court of Judica - ture Act 1969). This will require the actual commence - ment of legal proceedings in Singapore, though it is possible for such local proceedings to be stayed as a matter of case management (in the case of freezing orders, see Bi Xiaoqiong v China Medical Technolo- gies, Inc (2019) 2 SLR 595; in the case of prohibitory or mandatory injunctions, see Virsagi Management (S) Pte Ltd v Welltech Construction Pte Ltd (2012) SGHC 207, upheld on appeal in Virsagi Management (S) Pte Ltd v Welltech Construction Pte Ltd and another appeal (2013) SGCA 50). • interim and final injunctions; and • divorce and family-related orders. Interim and Final Injunctions
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