SINGAPORE Law and Practice Contributed by: Jansen Chow and Ang Leong Hao, Rajah & Tann Singapore
tuted service include AR registered post or electronic means such as email or internet transmission (para - graph 65 (3)).
Where it is known that the fraudster owes debts to other persons, an enforcement order may also be issued to the other person to pay the debt amount to the claimant, up to the value of the judgment amount. The most common targets of such orders are banks in which fraudsters have deposited money. Contempt Orders As a measure of last resort, an application for a com - mittal order may be taken out against the fraudster under Order 23 Rule 2 of the Rules of Court 2021. This entails the threat of criminal sanctions against the fraudster to compel compliance with the judgment issued. 5.2 Enforcement of Foreign Judgments After the repeal of the Reciprocal Enforcement of Commonwealth Judgments Act 1921 on 1 March 2023, there are generally three processes by which foreign judgments may be enforced in Singapore. Common Law Regime First, a party that has obtained a foreign judgment may seek to enforce it under the common law. There are several requirements to be satisfied before for - eign judgments may be enforced in Singapore. For instance, the foreign judgment must be a fresh money judgment. This means that the foreign judgment to be enforced must be for a definite sum of money; it can - not be a judgment requiring a defendant to perform a specific act. Another requirement is that the foreign judgment must be final and conclusive. This means that the foreign judgment to be enforced must be one that cannot be varied, reopened or set aside by the foreign court that delivered it. To commence enforcement under the common law regime, a claimant must commence a fresh civil claim in the Singapore courts to enforce the foreign money judgment as a debt against a defend - ant. A defendant may resist enforcement by arguing, amongst other things, that the foreign judgment was procured by fraud, obtained contrary to natural jus - tice or that enforcement would be contrary to public policy.
5. Enforcement 5.1 Methods of Enforcement
After a judgment is issued, the recovery of lost assets may still be frustrated, as the fraudster may take steps to make enforcement of the judgment difficult. For instance, the fraudster may seek to conceal or dis - sipate their assets or simply refuse to comply with the judgment order. There are various court remedies available to locate, preserve and procure the assets of the fraudster. Examination of Enforcement Respondent Armed with a court judgment, the claimant may apply under Order 22 Rule 11 of the Rules of Court 2021 for an order for the examination of the enforcement respondent against the fraudster. The fraudster would then be compelled to attend court to answer questions relating to their existing property, or property which will become available to them. The fraudster may also be compelled to produce any books or documents in their possession which are relevant to their assets. Preservation of Assets Freezing orders, as explained in 1.7 Prevention of Defendants Dissipating or Secreting Assets , are also available as remedies to preserve the fraudster’s assets post-judgment, pending execution. Given that a judgment has already been obtained, an application for a post-judgment freezing order requires only that there are grounds for believing that the debtor intends to dispose of their assets to avoid execution. Enforcement Orders Where it is known that properties belonging to the fraudster exist within the jurisdiction, an enforcement order may be issued under Order 22 Rule 2 of the Rules of Court 2021 for the properties to be seized by a public official and sold. The proceeds of the sale will then be paid to the company to satisfy the judg - ment debt.
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