5. Foreign Judgments

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Questions and Answers

What is one consequence of a recognized foreign judgment in Singapore?

It must always comply with Singapore's legal traditions.

It can be appealed in Singapore's domestic courts.

It is only valid if the debtor was a resident of Singapore.

It can be directly enforced if it is a money judgment. (correct)

Which of the following is NOT a requirement for a foreign judgment to be recognized?

The judgment-debtor must have been physically present in the foreign state.

It must be issued by a foreign court with jurisdiction over the judgment-debtor.

It must be compatible with Singapore's public policy. (correct)

It must be final and conclusive as to the merits of the dispute.

Which of the following indicates a foreign court's jurisdiction over the judgment-debtor?

The foreign court decision aligns with Singapore law.

The foreign court used a jury trial.

The judgment-debtor was present in the foreign state. (correct)

The judgment-debtor is a corporate entity.

Which situation is classified as a defense to the recognition of a foreign judgment?

The judgment contradicts the subject matter jurisdiction of the foreign court. Signup and view all the answers

What is the implication of estoppel in the context of recognized foreign judgments?

It means the parties are permanently barred from any dispute regarding the issue. Signup and view all the answers

What is a determining factor for a foreign court's jurisdiction?

The foreign court must have adequate jurisdictional grounds. Signup and view all the answers

Which type of foreign judgment is NOT considered final and conclusive?

A judgment that states entitlement to an interim order. Signup and view all the answers

What are the necessary components to establish breaches of natural justice?

The party must be notified of the proceedings. Signup and view all the answers

What distinguishes intrinsic fraud from extrinsic fraud in the context of foreign judgments?

Intrinsic fraud refers to sabotaging the trial from within. Signup and view all the answers

Which of the following public policy issues can prevent the recognition of a foreign judgment?

The judgment contains a manifest error in law. Signup and view all the answers

What type of foreign judgment can be enforced in Singapore?

A judgment for a definite sum of money. Signup and view all the answers

Which of the following best describes issue estoppel in the context of prior recognized foreign judgments?

It requires identical parties and the same issue to be litigated. Signup and view all the answers

What does the term res judicata signify concerning foreign judgments?

It asserts that the judgment is final and must be respected. Signup and view all the answers

Which of the following statements about defences to recognition is correct?

Recognition can be denied if there were breaches of natural justice. Signup and view all the answers

What is required for a foreign interlocutory order to be viewed as final and conclusive?

It must determine jurisdictional issues that are final. Signup and view all the answers

Which situation can lead to extrinsic fraud regarding a foreign judgment?

Bribing witnesses to influence the outcome. Signup and view all the answers

What does estoppel prevent in the context of litigation?

Revisiting issues that have been conclusively settled. Signup and view all the answers

In terms of recognizing foreign judgments, which factor does NOT constitute a ground for denial?

Substantial similarities in legal standards. Signup and view all the answers

Which type of foreign judgment typically cannot be enforced in Singapore?

A judgment that orders specific performance. Signup and view all the answers

Study Notes

Foreign Judgments

A recognized foreign judgment can have similar consequences to a domestic judgment in Singapore.
- It can be directly enforced (if it's a money judgment).
- It can be used to prevent a party from raising certain issues in Singapore proceedings (if estoppel requirements are met).

Requirements for Recognition

A foreign judgment needs to meet two criteria (Giant Light):
- Issued by a court with jurisdiction over the judgment debtor.
- Final and conclusive on the merits of the dispute.
A foreign court has jurisdiction if the judgment debtor:
- Was the claimant in the foreign proceedings.
- Was present in the foreign state.
- Submitted to the proceedings by conduct.
- Was a party to a jurisdiction clause choosing the foreign court for the dispute.
Notes on jurisdiction:
- Service is not required to establish jurisdiction (Pemberton v Hughes).
- Foreign courts cannot gain jurisdiction based on a nexus similar to PD 63(3).
- There are subtle differences in the submission-by-conduct test for foreign proceedings compared to Singapore proceedings.
A judgment is final and conclusive as to the merits if it is one that cannot be changed, reopened, or set aside by the issuing court (Bunga Melati 5).
- It establishes certain facts as proved or disputed.
- It states the relevant legal principles applicable to those facts.
- It expresses a conclusion based on applying those principles to the facts.
- Examples of foreign judgments that are NOT final and conclusive:
  - Orders protecting the status quo before trial.
  - Orders stating a party has a "good arguable case".
Notes on finality and conclusiveness:
- A foreign first instance judgment is final and conclusive as it remains res judicata.
- An interlocutory order can be final and conclusive on the merits of issues it must finally determine to issue the order (Lakshmi).

Defences to Recognition

A foreign judgment can be denied recognition if certain defenses are raised:
- Breaches of natural justice.
- Fraud.
- Public policy.

Breaches of Natural Justice

Breaches of natural justice (Paulus Tannos):
- Judgment debtor must have had notice of the foreign proceedings.
- Judgment debtor must have had an opportunity to be heard in the foreign proceedings.

Fraud

An allegation of fraud can be a defense to recognition (Les Placements).
- Intrinsic fraud: sabotaging the trial from within (e.g., forged evidence) - only a defense if not considered by the foreign court.
- Extrinsic fraud: sabotaging the trial from outside (e.g., bribing witnesses) - a defense even if the foreign court considered the evidence.

Public Policy

The public policy defense mirrors the public policy exception for choice of law rules (Burswood Nominees, cf Desert Palace).
It's contrary to public policy to recognize a foreign judgment if it:
- Is based on a "manifest, patent, or egregious" error of Singapore law (Merck).
- Is procured contrary to an anti-suit injunction issued by a Singapore court (WSG Nimbus).

Consequences of Recognition

A recognized judgment can be used in two ways:
- Enforced: Only if it's a money judgment.
- Used to estop parties in Singapore proceedings: Only if estoppel requirements are met.

Enforcement

A foreign judgment can be enforced through an action for an agreed sum (usually via summary judgment):
- Jurisdictional nexus: PD 63(3)(m) (claim to enforce a judgment or arbitral award).
- Natural forum: Singapore is the natural forum if the judgment debtor has property here.
- To support an action for an agreed sum, it must be a judgment for a definite sum of money (not a determination of liability, injunction, specific performance, or proprietary remedy) (Desert Palace).

Estoppel

Two types of estoppel:
- Issue estoppel.
- Henderson estoppel ("extended doctrine of res judicata").

Issue Estoppel

A prior recognized foreign judgment can be used to estop parties from litigating an issue already decided in the foreign proceedings if:
- The parties in the foreign proceedings are the same as those in the current SG proceedings.
- The foreign court decided the same issue being litigated in SG.

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Description

This quiz covers the recognition and enforcement of foreign judgments in Singapore. Key criteria for recognition, such as jurisdiction and finality, are examined, along with the implications of these judgments in local proceedings. Test your understanding of this important legal topic.