Singapore Court of Appeal decides on Examining a Debtor on Assets in a Foreign Jurisdiction

13 July, 2020

The Singapore Court of Appeal has recently handed down a decision in Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd [2020] SGCA 65

The case concerns the types of questions permissible during the examination of a judgment debtor “EJD” process. In this appeal, the Appellant had objected to answering questions about its assets in the Maldives on the basis that those assets would not be available for satisfaction of the judgment debt. The Court of Appeal dismissed this objection, confirming that questions could be asked about assets of the judgment debtor in a foreign jurisdiction regardless of the enforceability of the Singapore judgment there.

This decision has also resolved the conflict in the earlier High Court decisions of Indian Overseas Bank v Sarabjit Singh [1990] 3 MLJ xx xi and Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd [2019] SGHC 291.

The Respondent was represented by Toby Landau QC instructed by Paul Tan, Alessa Pang and David Isidore Tan of Rajah & Tann Singapore LLP

Read more on this decision here.