Powers under relevant Acts exercisable by Judge or Registrar (O. 67, r. 1)
1. The powers conferred on the General Division by the Reciprocal Enforcement of Commonwealth Judgments Act (Cap. 264) (referred to in this Order as the first Act) and the Reciprocal Enforcement of Foreign Judgments Act (Cap. 265) (referred to in this Order as the second Act), may be exercised by a Judge sitting in chambers in that Division and the Registrar.
[S 1043/2020 wef 02/01/2021]
Application for registration (O. 67, r. 2)
2. An application —
(a)
under section 3 of the first Act in respect of a judgment obtained in a superior court of the United Kingdom of Great Britain and Northern Ireland, or other territory to which section 5 of that Act applies; or
(b)
under section 4 of the second Act, in respect of a judgment to which that Act applies,
to have the judgment registered in the General Division must be made by an ex parte originating summons.
[S 1043/2020 wef 02/01/2021]
Evidence in support of application (O. 67, r. 3)
3.—(1) An application for registration must be supported by an affidavit —
(a)
exhibiting the judgment or a verified or certified or otherwise duly authenticated copy thereof, and where the judgment is not in the English language, a translation thereof in that language certified by a notary public or authenticated by affidavit;
(b)
stating the name, trade or business and the usual or last known place of abode or business of the judgment creditor and the judgment debtor respectively, so far as known to the deponent;
(c)
stating to the best of the information or belief of the deponent —
(i)
that the judgment creditor is entitled to enforce the judgment;
(ii)
as the case may require, either that at the date of the application the judgment has not been satisfied, or the amount in respect of which it remains unsatisfied;
(iii)
where the application is made under the first Act, that the judgment does not fall within any of the cases in which a judgment may not be ordered to be registered under section 3(2) of that Act; and
(iv)
where the application is made under the second Act, that at the date of the application the judgment can be enforced by execution in the country of the original court and that, if it were registered, the registration would not be, or be liable to be, set aside under section 5 of that Act; and
(d)
specifying, where the application is made under the second Act, the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration.
(2) [Deleted by S 278/93]
(3) Where a judgment sought to be registered under the second Act is in respect of different matters, and some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments, those judgments could properly have been registered, the affidavit must state the provisions in respect of which it is sought to register the judgment.
(4) In the case of an application under the second Act, the affidavit must be accompanied by such other evidence with respect to the enforceability of the judgment by execution in the country of the original court, and of the law of that country under which any interest has become due under the judgment, as may be required having regard to the provisions of the Order under the Act extending that Act to that country.
Security for costs (O. 67, r. 4)
4. Except as otherwise provided by any notification made under section 5 of the first Act or any relevant Order under the second Act, the Court may order the judgment creditor to give security for the costs of the application for registration and of any proceedings which may be brought to set aside the registration.
Order for registration (O. 67, r. 5)
5.—(1) An order in Form 148 giving leave to register a judgment must be drawn up by, or on behalf of, the judgment creditor and served on the judgment debtor.
(2) Every such order shall state the period within which an application may be made to set aside the registration and shall contain a notification that execution on the judgment will not issue until after the expiration of that period.
(3) The Court may, on an application made at any time while it remains competent for any party to apply to have the registration set aside, extend the period (either as originally fixed or as subsequently extended) within which an application to have the registration set aside may be made.
Register of judgments (O. 67, r. 6)
6.—(1) There shall be kept in the Registry a register of the judgments ordered to be registered under the first and the second Acts.
(2) There shall be included in such register particulars of any execution issued on a judgment ordered to be so registered.
Notice of registration (O. 67, r. 7)
7.—(1) Notice of the registration of a judgment must be served on the judgment debtor and, subject to paragraph (2), must be served personally unless the Court otherwise orders.
(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, Rules 3, 4 and 6, shall apply in relation to such a notice as they apply in relation to a writ.
(3) The notice of registration must state —
(a)
full particulars of the judgment registered and the order for registration;
(b)
the name and address of the judgment creditor or of his solicitor on whom, and at which, any summons issued by the judgment debtor may be served;
(c)
the right of the judgment debtor to apply to have the registration set aside; and
(d)
the period within which an application to set aside the registration may be made.
Endorsement of service (O. 67, r. 8)
8.—(1) Within 3 days after service of the notice of registration or within such longer period as the Court may, in special circumstances, allow, the notice or a copy thereof must be endorsed by the person who served it with the day of the week and date on which it was served; and, if the notice is not so endorsed within the period aforesaid, the judgment creditor may not issue execution on the judgment to which the notice relates without the leave of the Court.
(2) Every affidavit of service of any such notice must state the date on which the notice was endorsed under this Rule.
Application to set aside registration (O. 67, r. 9)
9.—(1) An application to set aside the registration of a judgment must be made by summons supported by an affidavit.
(2) The Court hearing such application may order any issue between the judgment creditor and the judgment debtor to be tried in any manner in which an issue in an action may be ordered to be tried.
(3) Where the Court hearing an application to set aside the registration of a judgment registered under the first Act is satisfied that the judgment falls within any of the cases in which a judgment may not be ordered to be registered under section 3(2) of that Act or that it is not just or convenient that the judgment should be enforced in Singapore or that there is some other sufficient reason for setting aside the registration, it may order the registration of the judgment to be set aside on such terms as it thinks fit.
Issue of execution (O. 67, r. 10)
10.—(1) Execution shall not issue on a judgment registered under the first Act or second Act until after the expiration of the period which, in accordance with Rule 5(2), is specified in the order for registration as the period within which an application may be made to set aside the registration or, if that period has been extended by the Court, until after the expiration of that period as so extended.
(2) If an application is made to set aside the registration of a judgment, execution on the judgment shall not issue until after such application is finally determined.
(3) Any party wishing to issue execution on a judgment registered under the first Act or second Act must produce to the Sheriff an affidavit of service of the notice of registration of the judgment and any order made by the Court in relation to the judgment.
Determination of certain questions (O. 67, r. 11)
11. If, in any case under the second Act, any question arises whether a foreign judgment can be enforced by execution in the country of the original court, or what interest is payable under a foreign judgment under the law of the original court, that question shall be determined in accordance with the provisions in that behalf contained in the Order extending that Act to that country.
Rules to have effect subject to orders of President (O. 67, r. 12)
12. Rules 1 to 11 shall, in relation to any judgment registered or sought to be registered under the second Act, have effect subject to any such provisions contained in the Order extending that Act to the country of the original court as are declared by the Order to be necessary for giving effect to the agreement made between the Government and that country in relation to matters with respect to which there is power to make those Rules.
Certified copy of General Division judgment (O. 67, r. 13)
13.—(1) An application under section 4 of the first Act or section 13 of the second Act for a certified copy of a judgment entered in the General Division must be made by ex parte summons to the Registrar supported by an affidavit.
[S 1043/2020 wef 02/01/2021]
(2) The affidavit in support of the application under section 4 of the first Act must give particulars of the judgment, show that the judgment debtor is resident in the territory to which that Act extends and state the name, trade or business and the usual or last known place of abode of the judgment creditor and the judgment debtor respectively, so far as known to the deponent.
(3) The affidavit in support of the application under section 13 of the second Act must —
(a)
give particulars of the proceedings in which the judgment was obtained;
(b)
have annexed to it a copy of the writ or originating summons by which the proceedings were begun, the evidence of service thereof on, or appearance by, the defendant, copies of the pleadings, if any, and a statement of the grounds on which the judgment was based;
(c)
state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds;
(d)
show that the judgment is not subject to any stay of execution;
(e)
state that the time for appealing has expired or, as the case may be, the date on which it will expire and in either case whether notice of appeal against the judgment has been entered; and
(f)
state the rate at which the judgment carries interest.
(4) Where the application is made under section 4 of the first Act, the certified copy of the judgment shall be sealed with the seal of the Supreme Court and shall be accompanied by a certificate in Form 149 signed by the Registrar certifying that the copy is a true copy of a judgment obtained in the General Division and stating the rate at which the judgment carries interest.
[S 1043/2020 wef 02/01/2021]
(5) Where the application is made under section 13 of the second Act, the certified copy of the judgment sealed with the seal of the Supreme Court, annexed with a copy of the writ or originating summons by which the proceedings were begun, shall be accompanied by a certificate in Form 150 signed by the Registrar certifying that the judgment is a true copy of a judgment obtained in the General Division and stating —
(a)
the manner in which the writ or such summons was served on the defendant or that the defendant appeared thereto;
(b)
what objections, if any, were made to the jurisdiction;
(c)
what pleadings, if any, were served;
(d)
the grounds on which the judgment was based;
(e)
that the time for appealing has expired or, as the case may be, the date on which it will expire;
(f)
whether notice of appeal against the judgment has been entered;
(g)
such other particulars as it may be necessary to give to the court in the foreign country in which it is sought to obtain execution of the judgment; and
