SINGAPORE Law and Practice Contributed by: Jansen Chow and Ang Leong Hao, Rajah & Tann Singapore LLP
the judgment difficult. For instance, the fraudster may seek to conceal or dissipate their assets or simply refuse to comply with the judgment order. There are various court remedies avail - able 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 enforcement respondent against the fraudster. The fraudster would then be compelled to attend court to answer questions relating to their exist - ing 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 assets of the fraudster post-judgment, pending execution. Given that a judgment has already been obtained, an application for a post-judg - ment 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 prop - erties to be seized by a public official and sold. The proceeds of sale will then be paid to the company in satisfaction of the judgment debt. Where it is known that the fraudster is owed debts by 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 fraud - sters have deposited money. Contempt Orders As a measure of last resort, an application for a committal 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 com - pliance 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 who has obtained a foreign judg - ment may look to enforce it under the common law regime. There are several requirements to be satisfied before foreign judgments may be enforced in Singapore. For instance, the foreign judgment must be a fresh money judgment. What this means is that the foreign judgment to be enforced must be for a definite sum of money; it cannot be a judgment requiring a defendant to perform a certain act. Another requirement is that the foreign judgment must be final and conclusive. This means that the foreign judgment that is to be enforced must be one that cannot be varied, reopened or set aside by the foreign court that delivered the judgment. To commence enforcement under the common law regime, a claimant will have to begin a fresh civil claim at the Singapore courts to enforce the foreign money judgment as a debt against a
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