Reciprocal Enforcement of Foreign Judgments Act 1959

• Jurisdiction: Singapore
• Coming into Force: 31 July 2001
• Act Number: (Original Enactment: Ordinance 29 of 1959)
• Enactment Date: 26 March 1959
• Record Number: Cap. 265
• Published date: 31 July 2001

Reciprocal Enforcement of Foreign Judgments Act

(CHAPTER 265)

(Original Enactment: Ordinance 29 of 1959)

REVISED EDITION 2001

(31st July 2001)

An Act to make provision for the enforcement in Singapore of judgments and awards given in foreign countries which afford reciprocal treatment to judgments given in Singapore, for facilitating the enforcement in foreign countries of judgments given in Singapore and for matters connected therewith.

[26th March 1959]

PART I REGISTRATION OF FOREIGN JUDGMENTS Short title 1. This Act may be cited as the Reciprocal Enforcement of Foreign Judgments Act. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “appeal” includes any proceedings by way of discharging or setting aside a judgment or an application for a new trial or stay of execution; “country” includes a territory; “country of the original court” means the country in which the original court is situated; “Family Justice Rules” means the Family Justice Rules made under section 46 of the Family Justice Act 2014 (Act 27 of 2014); [Act 25 of 2019 wef 03/10/2019] “foreign country” means any country outside Singapore; [Act 25 of 2019 wef 03/10/2019] “judgment” means an interlocutory or final judgment or order given or made by a court in any civil proceedings, or a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party, and includes a consent judgment, a consent order and a judicial settlement; [Act 25 of 2019 wef 03/10/2019] “judgment creditor” means the person in whose favour the judgment was given (whether or not a sum of money is payable under the judgment), and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise; [Act 25 of 2019 wef 03/10/2019] “judgment debtor” means the person against whom the judgment was given (whether or not a sum of money is payable under the judgment), and includes any person against whom the judgment is enforceable under the law of the original court; [Act 25 of 2019 wef 03/10/2019] “judicial settlement” — (a) means a contract approved by, or concluded before, a court in the course of proceedings, being a contract — (i) between the parties to proceedings before that court; (ii) by which those parties end those proceedings; and (iii) that is recorded by that court in an official document; but (b) does not include a consent order or consent judgment; [Act 25 of 2019 wef 03/10/2019] “money judgment” means a judgment under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a similar nature or in respect of a fine or other penalty; [Act 25 of 2019 wef 03/10/2019] “non‑money judgment” means a judgment that is not a money judgment, but does not include a judgment under which a sum of money is payable in respect of taxes or other charges of a similar nature or in respect of a fine or other penalty; [Act 25 of 2019 wef 03/10/2019] “original court”, in relation to any judgment, means the court by which the judgment was given; “prescribed” means prescribed by Rules of Court or Family Justice Rules; [Act 16 of 2016 wef 01/12/2016] “registration” means registration under Part I and “register” and “registered” shall be construed accordingly; “registering court”, in relation to any judgment, means the court to which an application to register the judgment is made. [2/99] (2) For the purposes of this Act, “action in personam” shall not be deemed to include any matrimonial cause or any proceedings in connection with any of the following matters: (a) matrimonial matters; (b) administration of the estates of deceased persons; (c) bankruptcy; (d) winding-up of companies; (e) lunacy; or (f) guardianship of infants. (2A) A reference to the making or giving of a judgment, in the case of a judgment that is a judicial settlement, is a reference to the making or concluding of the contract in paragraph (a) of the definition of “judicial settlement” in subsection (1). [Act 25 of 2019 wef 03/10/2019] (3) Subject to Rules of Court and Family Justice Rules, any of the powers conferred by this Act on any court may be exercised by a judge of the court. [Act 16 of 2016 wef 01/12/2016] Application 2A. This Act does not apply to any judgment which may be recognised or enforced in Singapore under the Choice of Court Agreements Act 2016. [Act 14 of 2016 wef 01/10/2016] Extension of Part to judgments of recognised courts of foreign countries on basis of reciprocity 3.—(1) If the Minister is satisfied that, in the event of the benefits conferred by this Part being extended to a particular description of judgments given in a particular court or description of courts of a foreign country, substantial reciprocity of treatment will be assured as respects the enforcement in that foreign country of similar judgments given in a similar court or similar courts of Singapore, the Minister may, by order in the Gazette, direct that — (a) this Part applies to that foreign country; (b) the court or courts of the foreign country specified in the order is a recognised court or are recognised courts of the foreign country for the purposes of this Part; and (c) judgments specified in the order of any such recognised court or courts, if within subsection (2), are judgments to which this Part applies. (2) A judgment of a recognised court of a foreign country is within this subsection if — (a) it is given after the coming into operation of the order; and (b) it is final and conclusive as between the parties to it, unless it is an interlocutory judgment. (3) A judgment — (a) specified in an order under subsection (1) of a recognised court of a foreign country specified in the order; and (b) that is within subsection (2), is a judgment to which this Part applies. (4) However, the following judgments of a recognised court of a foreign country are not judgments to which this Part applies: (a) a judgment given by that court on appeal from a court that is not a recognised court; (b) a judgment or other instrument that is regarded for the purposes of its enforcement as a judgment of that court but which was given or made in another foreign country; (c) a judgment given by that court in proceedings founded on a judgment of a court in another foreign country and having as their object the enforcement of the second‑mentioned judgment. (5) For the purposes of this section, a judgment is taken to be final and conclusive even though — (a) an appeal may be pending against it; or (b) it may still be subject to appeal, in the courts of the country of the original court. (6) The Minister may by a subsequent order in the Gazette vary or revoke any order previously made under this section. [Act 25 of 2019 wef 03/10/2019] Application for, and effect of, registration of foreign judgment 4.—(1) A person, being a judgment creditor under a judgment to which this Part applies, may apply to the General Division of the High Court at any time — (a) within 6 years after the date of the judgment; or (b) where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings, to have the judgment registered in the General Division of the High Court. [Act 40 of 2019 wef 02/01/2021] (2) On an application under subsection (1), the court shall, subject to proof of the prescribed matters and to the provisions of this Act, order the judgment to be registered. (3) A judgment shall not be registered under this section if at the date of the application — (a) it has been wholly satisfied; [Act 25 of 2019 wef 03/10/2019] (aa) it has been discharged; or [Act 25 of 2019 wef 03/10/2019] (b) it could not be enforced by execution in the country of the original court. (3A) The registering court — (a) may only register a non‑money judgment if, having regard to the circumstances of the case and the nature of the relief contained in the judgment, it is satisfied that enforcement of the judgment would be just and convenient; and (b) if it is of the opinion that such enforcement would not be just and convenient, may make an order for the registration of such amount as it considers to be the monetary equivalent of the relief. [Act 25 of 2019 wef 03/10/2019] (3B) If it appears to the registering court that a money judgment awards damages (including exemplary or punitive damages) that are in excess of compensation for the actual loss or harm suffered by the party awarded the damages, the judgment may only be registered for the amount of the compensation. [Act 25 of 2019 wef 03/10/2019] (3C) In making its decision under subsection (3B), the registering court must take into account whether, and the extent to which, the damages awarded by the original court serve to cover costs and expenses relating to the proceedings in which the judgment was obtained. [Act 25 of 2019 wef 03/10/2019] (4) Subject to the provisions of this Act with respect to the setting aside of registration — (a) a registered judgment shall, for the purposes of execution, be of the same force and effect; (b) proceedings may be taken on a registered judgment; (c) the sum for which a judgment is registered shall carry interest; and (d) the registering court shall have the same control over the execution of a registered judgment, as if the judgment had been a judgment originally given in the registering court and entered on the date of registration. (5) Execution shall not issue on the judgment so long as, under this Part and the Rules of Court or Family Justice Rules made thereunder, it is competent for any party to make an application to have the registration of the judgment set aside or, where such application is made, until after the application has been finally determined. [Act 16 of 2016 wef 01/12/2016] (6) If at the date of the application for registration the judgment of the original court has been partly satisfied, the judgment shall not be registered in respect of the whole sum payable under the judgment of the original court, but only in respect of the balance remaining ...