Scribd
Upload
152 views2 pages

Recognition & Enforcement of Foreign Judgments Tutorial

The document discusses two tutorial questions related to foreign judgments and contract law: 1. The first question examines the salient points of the case Pembinaan SPK Sdn Bhd v Conaire Engineering Sdn Bhd regarding recognition and enforcement of foreign judgments. 2. The second question presents a hypothetical scenario where a Malaysian company defaulted on loans from a Singapore bank. It asks the trial judge to determine whether the Malaysian company is entitled to set aside registration of the Singapore judgment in Malaysia, and whether the setting aside application should be allowed. 3. The third question asks how the proper law of a contract is determined if the contract does not contain a choice of law clause. 4. The fourth

Uploaded by

TAN JIA WEN
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
152 views2 pages

Recognition & Enforcement of Foreign Judgments Tutorial

The document discusses two tutorial questions related to foreign judgments and contract law: 1. The first question examines the salient points of the case Pembinaan SPK Sdn Bhd v Conaire Engineering Sdn Bhd regarding recognition and enforcement of foreign judgments. 2. The second question presents a hypothetical scenario where a Malaysian company defaulted on loans from a Singapore bank. It asks the trial judge to determine whether the Malaysian company is entitled to set aside registration of the Singapore judgment in Malaysia, and whether the setting aside application should be allowed. 3. The third question asks how the proper law of a contract is determined if the contract does not contain a choice of law clause. 4. The fourth

Uploaded by

TAN JIA WEN
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

UCN2612 Tutorial Question Trimester 3, 2022/2023

Tutorial
Chapter 8: Recognition and Enforcement of Foreign Judgments
Question 1
Explain the salient points considered in this case:
Pembinaan SPK Sdn Bhd v Conaire Engineering Sdn Bhd-LLC & Anor and another appeal [2023] 2 MLJ
324

Question 2
Hoodtang Sdn Bhd (“Hoodtang”) is a Malaysian company with its registered office in Skudai, Johor while
Manee Bank (“Manee”) is a Singapore bank. Hoodtang was granted loans by Manee in Singapore. However,
Hoodtang defaulted in repaying the loans. Consequently, in the Singapore High Court, Manee filed a suit
against Hoodtang and it managed to obtain a judgment in its favour (“the Singapore Judgment”).
Manee registered the Singapore Judgment at Johor Bahru High Court under section 4(1) of the Reciprocal
Enforcement of Judgments Act 1958 (“REJA”). However, pursuant to proviso (b) to section 4(1), Hoodtang
challenged the registration of the Singapore Judgment. The relevant proviso reads as follows:
Provided that a judgment shall not be registered if at the date of the application –
(b) It could not be enforced by execution in the country of the original court.

Hoodtang argued that the registration of the Singapore Judgment ought to be set aside since it could not be
enforced by execution in Singapore as Hoodtang does not have any assets or a place of business in
Singapore, in respect of which execution could be enforced against Hoodtang in that jurisdiction, being the
country of the original court.
While for Manee, it is argued that it is immaterial and irrelevant whether or not Hoodtang has maintained
any place of business or has any assets in Singapore. These grounds do not remove the legal rights of Manee
as conferred by the Singapore Judgment. There is no pending appeal or proceedings against the Singapore
Judgment. Consequently, practically, Manee may enforce the judgment outside of Singapore.
As the trial judge, you are to determine the following agreed issues by the parties:
(a) Whether Hoodtang is entitled to set aside the registration of the Singapore Judgment?
(b) Whether the setting aside application filed by Hoodtang shall be allowed?

Tutorial
Chapter 9: Law of Contract
UCN2612 Tutorial Question Trimester 3, 2022/2023

Question 1.
If a contract does not have a choice of law clause, how do we determine the proper law of that contract?

Question 2. Discuss the following cases:

1. Hanson Quarry Products Sdn Bhd & Ors v Chong Boon Heng & Ors [2023] MLJU 890)
2. Hindustan Oil Exploration Company Limited v Hardy Exploration & Production (India) Inc [2023]
MLJU 795
3. 2WTrade Llp v Zepto Express Bhd [2023] MLJU 386

You might also like