Global Distressed Alpha Fund I Ltd Partnership v PT Bakrie Investindo: Interpretation of Order 67 Rule 10(2) of the Rules of Court
Global Distressed Alpha Fund I Ltd Partnership (GDAF) obtained an English judgment against PT Bakrie Investindo (Bakrie) and registered it in Singapore. GDAF then sought an examination of judgment debtor (EJD). Bakrie applied to adjourn the EJD, arguing it constituted 'execution' under Order 67 Rule 10(2) of the Rules of Court, which would stay the EJD pending the final determination of Bakrie's application to set aside the registration order. The High Court dismissed Bakrie's appeal, holding that an EJD does not constitute 'execution' under the rule and that the application to set aside the registration order is only finally determined after all avenues of appeal have been exhausted.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The case concerns the interpretation of Order 67 Rule 10(2) of the Rules of Court regarding execution on a registered foreign judgment. The court held that an EJD does not constitute 'execution'.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| PT Bakrie Investindo | Appellant, Judgment Debtor | Corporation | Appeal dismissed | Lost | |
| Global Distressed Alpha Fund I Ltd Partnership | Respondent, Judgment Creditor | Partnership | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Suresh Damodara | Damodara Hazra LLP |
| Emmanuel Chua | Drew & Napier LLC |
4. Facts
- GDAF obtained an English judgment against Bakrie.
- The English Judgment was registered in Singapore under the RECJA.
- GDAF applied for an order to examine a director of Bakrie regarding Bakrie’s assets.
- Bakrie applied to set aside the Registration Order and the EJD Order.
- Bakrie's applications were unsuccessful before the assistant registrar and Woo Bih Li J.
- Bakrie appealed to the Court of Appeal against the decision of Woo Bih Li J.
- Bakrie requested an adjournment of the EJD pending the outcome of the CA Appeals.
5. Formal Citations
- Global Distressed Alpha Fund I Ltd Partnership v PT Bakrie Investindo, Originating Summons No. 595 of 2011 (Registrar's Appeal No. 483 of 2012), [2013] SGHC 30
6. Timeline
| Date | Event |
|---|---|
| GDAF obtained an English judgment against Bakrie. | |
| The English Judgment was registered in Singapore pursuant to s 3 of the RECJA and a registration order was granted. | |
| GDAF successfully applied for an order to examine a director of Bakrie, Mr Kurniawan, as to Bakrie’s assets. | |
| Bakrie's application to set aside the Registration Order and the Bakrie EJD Order was unsuccessful at the hearing before the assistant registrar. | |
| Bakrie's appeal to set aside the Registration Order and the Bakrie EJD Order was unsuccessful before Woo Bih Li J. | |
| Bakrie’s solicitors requested an adjournment of the examination of Mr Kurniawan until after the CA Appeals have been disposed off. | |
| The assistant registrar rejected Bakrie's request and directed that the EJD proceed before her on the same day, as scheduled. | |
| The assistant registrar dismissed Bakrie’s arguments and Bakrie appealed to a Judge. | |
| Tay Yong Kwang J heard the parties and dismissed Bakrie’s appeal. | |
| The High Court dismissed Bakrie's appeal with costs. |
7. Legal Issues
- Interpretation of Order 67 Rule 10(2) of the Rules of Court
- Outcome: The court held that an EJD does not come within the meaning of 'execution' and that an application to set aside the Registration Order is not finally determined until all avenues of appeal have been exhausted.
- Category: Procedural
- Related Cases:
- [1996] 1 SLR(R) 24
- [1994] 2 SLR(R) 379
- [1943] 1 KB 10
- [1994] SGHC 262
- [1933] MLJ 245
- [2000] 5 MLJ 180
- [1994] 3 MLJ 383
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
- International Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Cheah Theam Swee, ex parte Equiticorp Finance Group Ltd and another | High Court | Yes | [1996] 1 SLR(R) 24 | Singapore | Cited to determine the meaning of 'execution' in the context of the Reciprocal Enforcement of Commonwealth Judgments Act. |
| Re Tan Patrick, ex parte Walter Peak Resorts Ltd (in receivership) | High Court | Yes | [1994] 2 SLR(R) 379 | Singapore | Cited to contextualize s 3(3) of the RECJA and to support the view that the REFJA and RECJA should be aligned. |
| Fagot v Gaches | English Court of Appeal | Yes | [1943] 1 KB 10 | England and Wales | Cited for the proposition that an examination of judgment debtor does not constitute enforcement of a judgment. |
| United Overseas Bank Ltd v Thye Nam Loong (S) Pte Ltd and 2 others | High Court | Yes | [1994] SGHC 262 | Singapore | Cited for the proposition that an order for examination of judgment debtor enables the judgment creditor to obtain information to enforce a judgment. |
| Re Sassoon Ezekiel | High Court | Yes | [1933] MLJ 245 | Malaysia | Cited for the proposition that an examination of judgment debtor was merely discovery in aid of execution. |
| Re Lo Kon Wah; ex p Jupiter Securities Sdn Bhd | High Court of Kuala Lumpur | Yes | [2000] 5 MLJ 180 | Malaysia | Cited and distinguished regarding the meaning of 'final judgment'. |
| Re Udos ak Riging, ex p Seabanc Kredit Sdn Bhd | High Court | Yes | [1994] 3 MLJ 383 | Malaysia | Cited regarding the meaning of 'finally determined'. |
13. Applicable Rules
| Rule Name |
|---|
| Order 67 Rule 10(2) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264) | Singapore |
| Reciprocal Enforcement of Foreign Judgments Act (Cap 265) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Examination of Judgment Debtor
- Execution
- Reciprocal Enforcement of Commonwealth Judgments Act
- Registration Order
- Rules of Court
- Finally Determined
15.2 Keywords
- foreign judgment
- execution
- examination of judgment debtor
- rules of court
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Recognition of Foreign Judgments | 90 |
| Examination of judgment debtor | 80 |
| Judgments and Orders | 70 |
| Civil Procedure | 60 |
| Jurisdiction | 50 |
16. Subjects
- Civil Procedure
- Enforcement of Foreign Judgments