Powercom Co v Sunpower Semiconductor: Enforcement of Foreign Judgment & Limitation Act

In Powercom Co, Ltd v Sunpower Semiconductor Limited, the High Court of Singapore addressed the issue of enforcing a foreign judgment. Powercom, the plaintiff, sought to enforce a judgment obtained in Taiwan against Sunpower, the defendant, for unpaid sales of solar cells and photovoltaic inverters. The court, presided over by Choo Han Teck J, ruled in favor of Powercom, holding that the cause of action accrued when the Taiwan Supreme Court rendered its judgment. The court found that the plaintiff's claim was not time-barred under the Limitation Act.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court enforces Taiwan judgment. Key issue: when does a foreign judgment become final and conclusive for limitation period?

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Powercom Co, LtdPlaintiffCorporationJudgment for PlaintiffWon
Sunpower Semiconductor LimitedDefendantCorporationJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Subir GrewalAequitas Law LLP
Wan Chi KitAequitas Law LLP
K MuralitherapanyJoseph Tan Jude Benny LLP
Jolene Tan Shi YunJoseph Tan Jude Benny LLP

4. Facts

  1. Plaintiff sold solar cells and photovoltaic inverters to Defendant.
  2. Defendant did not make full payment.
  3. Plaintiff commenced legal action in Taiwan Taipei District Court.
  4. District Court gave judgment to Plaintiff on 7 June 2013 for USD923,454.47.
  5. Defendant appealed to the Taiwan High Court, which dismissed the appeal.
  6. Defendant appealed to the Taiwan Supreme Court, which dismissed the appeal on 18 May 2016.
  7. The present suit was filed on 11 July 2019 to enforce the DC Judgment in Singapore.

5. Formal Citations

  1. Powercom Co, Ltd v Sunpower Semiconductor Ltd, Suit No 695 of 2019, [2024] SGHC 89

6. Timeline

DateEvent
Interest accrues on unpaid amount
Taiwan Taipei District Court issues judgment in favor of Plaintiff
Taiwan High Court dismisses Defendant's appeal
Taiwan Supreme Court dismisses Defendant's appeal
Suit filed in Singapore to enforce the District Court Judgment
Judgment reserved

7. Legal Issues

  1. Enforcement of Foreign Judgment
    • Outcome: The court held that the DC Judgment was only final and conclusive after 18 May 2016.
    • Category: Substantive
  2. Limitation Period
    • Outcome: The court held that the plaintiff’s claim is not time-barred under s 6(1)(a) LA.
    • Category: Procedural

8. Remedies Sought

  1. Enforcement of Foreign Judgment
  2. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Semiconductor
  • Energy

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Bellezza Club Japan Co Ltd v Matsumura Akihiko and othersHigh CourtYes[2010] 3 SLR 342SingaporeCited for the principle that a judgment is final and conclusive even if it may be altered or varied on appeal.
The Bunga Melati 5High CourtYes[2012] 4 SLR 546SingaporeCited for the principle that a judgment is final and conclusive on the merits if it cannot be varied, re-opened or set aside by the court that delivered it.
Sang Cheol Woo v Spackman, Charles Choi and othersHigh CourtYes[2022] SGHC 298SingaporeCited for the concept behind the finality and conclusiveness of a judgment is to prevent the losing party from filing unmeritorious appeals or causing unjust delay to the prevailing party’s enforcement of rights under the judgment in its favour.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Limitation Act 1959Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Foreign Judgment
  • Final and Conclusive
  • Res Judicata
  • Limitation Period
  • Taiwan Taipei District Court
  • Taiwan Supreme Court

15.2 Keywords

  • Foreign Judgment
  • Enforcement
  • Limitation Act
  • Taiwan
  • Singapore

17. Areas of Law

Area NameRelevance Score
Enforcement of Foreign Judgments95
Limitation80
Private International Law70
Civil Procedure60

16. Subjects

  • Conflict of Laws
  • Enforcement of Judgments
  • Civil Procedure