The court upheld the principle that voluntary participation in foreign proceedings constitutes acceptance of jurisdiction, and that foreign judgments cannot be challenged on their merits in domestic courts.

Introduction

[1] The Judgment Debtor (JD) filed a Notice of Application dated 3 March 2024 (Enclosure 20) to seek the following orders, namely:

1.1 To set aside the registration of the Judgment from the Singapore International Commercial Court of the Republic of Singapore (SICC) dated 30 March 2023 in Case No SIC/S 1/2020 (Singapore Judgment).

1.2 To set aside the Sealed Order in the High Court Of Malaya Case No WA-24-83-11-2023 dated 2 December 2023.

1.3 To set aside the Sealed Order in the High Court Of Malaya Case No WA-24-83-11-2023 dated 2 December 2023 which states wherein it has been ordered that the above-named Applicant LIM CHANG HUAT must pay the above-named Respondent STRONGHOLD GLOBAL HOLDINGS LIMITED (IN LIQUIDATION):

a. amount of RM34,682,000.00; and

b. cost in the amount of SGD1,254,641.66 (which is equivalent to RM4,358,625.13 on the date the cost is assessed, which is 17 November 2023),

1.4 To set aside the Sealed Order in the High Court Of Malaya Case No WA-24-83-11-2023 dated 2 December 2023 which states the amount of RM34,682,000.00 carries interest at a rate of 5.33% per annum and pro rata from 30 September 2018 until the date of payment;

1.5 To set aside the Sealed Order in the High Court Of Malaya Case No WA-24-83-11/2023 dated 2 December 2023 which states cost in the amount of SGD1,254,641.66 (which is equivalent to RM4,358,625.13 on the date the cost is assessed, which is 17 November 2023) carries interest at a rate of 5.33% per annum from 17 November 2023 until the date of payment;

1.6 To set aside the Sealed Order in the High Court of Malaya Case No WA-24-83-11/2023 dated 2 December 2023 which states the cost of this application amounts to RM3,000.00 subject to the allocator fee paid by the Judgment Debtor to the Judgment Creditor.

[2] In essence, the matter before the Court concerns an application by the JD to aside the Registration of a Foreign Judgment (a judgment obtained by the Judgment Creditor (JC) against the JD) from the SICC dated 30 March 2023 registered on 2 December 2023 under the Reciprocal Enforcement of Judgments Act 1958 (REJA) based on the ground stated in s 5(1) of the REJA.

[3] After the hearing, I dismissed the JD's application (Enclosure 20). This judgment contains the full reasons for the dismissal.

Background Facts

[4] The JC had on 30 March 2023 obtained a judgment from the S1CC in Singapore Judgment against the JD.

[5] Pursuant to the Singapore Judgment, the JD is ordered to pay the JC:

5.1 the sum of RM34,682,000.00 together with interest at the rate of 5.33% per annum and pro rata from 30 September 2018 until the date of payment; and

5.2 costs on an indemnity basis (to be assessed if not agreed upon).

[6] The JD's appeal against the Singapore Judgment was dismissed by the Singapore Court of Appeal on 13 September 2023.

[7] The JC then on 8 November 2023 filed the present OS (Enclosure 1) to register the Singapore Judgment as the judgment of the High Court of Malaya under s 4 of the REJA and O 67 r 2 of the Rules of Court 2012 (ROC 2012).

[8] Pending the hearing of the OS (Enclosure 1), the developments pertaining to the Singapore Judgment happened. The SICC on 17 November 2023 assessed the cost of Singapore Judgment and awarded a sum of SGD1