Singapore legislation

Clause 5

of Reciprocal Enforcement of Foreign Judgments (Amendment) Bill

Clause 5

Amendment of section 5

Section 5 of the principal Act is amended —

(a)

by deleting the word “or” at the end of subsection (1)(a);

(b)

by deleting the full‑stop at the end of paragraph (b) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(c)may be set aside if the registering court is satisfied that the notice of registration had not been served on the judgment debtor, or that the notice of registration was defective.”;

(c)

by inserting, immediately after subsection (1), the following subsection:“(1A) To avoid doubt, subsection (1)(c) does not prevent the subsequent registration of a judgment the registration of which has been previously set aside solely under that provision.”;

(d)

by deleting sub‑paragraph (i) of subsection (2)(a) and substituting the following sub‑paragraph:“(i)if the judgment debtor, being a defendant in the proceedings in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings otherwise than for the purpose of —

(A)

protecting, or obtaining the release of, property seized or threatened with seizure in the proceedings;

(B)

contesting the jurisdiction of that court; or

(C)

inviting that court in its discretion not to exercise its jurisdiction in the proceedings;”; and

(e)

by inserting, immediately after subsection (3), the following subsection:“(4) In this section, “notice of registration” means a notice of the registration of a judgment mentioned in section 8(1)(c) that is required to be served on a judgment debtor by the Rules of Court or Family Justice Rules, as the case may be.”.