MORGAN STANLEY & CO INTERNATIONAL LTD v. PILOT LEAD INVESTMENTS LTD

MORGAN STANLEY & CO INTERNATIONAL LTD v. PILOT LEAD INVESTMENTS LTD

The appeal is dismissed because the applicant failed to prove that the Singaporean Order is final and conclusive under the law of Singapore, a prerequisite for registration under FJREO; however, the court held that if that prerequisite were established, FJREO does not preclude registration of a judgment of a designated country's superior court even if that judgment was founded on a foreign judgment.

Citation
MORGAN STANLEY & CO INTERNATIONAL LTD v. PILOT LEAD INVESTMENTS LTD
Parties
Judgment Creditor: Morgan Stanley & Co. International Limited; Judgment Debtor: Pilot Lead Investments Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2006
Case Number
HCMP2523/2005
Procedural Posture
Miscellaneous Proceedings for Registration of Foreign Judgment / Appeal From Registrar's Refusal to Register Singapore Registered English Judgment Under FJREO (decision on 22 May 2006)
Outcome
Appeal dismissed
Legal Topics
Registration Under Foreign Judgments (reciprocal Enforcement) Ordinance (cap.319), Finality and Res Judicata, Reciprocal Enforcement, 'laundering' of Foreign Judgments
Source Language
EN
Civil Procedure Enforcement of Foreign Judgments Private International Law Statutory Interpretation Registration Under Foreign Judgments (reciprocal Enforcement) Ordinance (cap.319) Finality and Res Judicata Reciprocal Enforcement 'laundering' of Foreign Judgments

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Parties

Morgan Stanley & Co. International Limited

Judgment Creditor

Pilot Lead Investments Limited

Judgment Debtor

Procedural Posture

Miscellaneous Proceedings for Registration of Foreign Judgment / Appeal From Registrar's Refusal to Register Singapore Registered English Judgment Under FJREO (decision on 22 May 2006)

Legal Issues

  1. 1 Whether a judgment registered in Singapore (originating as an English judgment) is registrable under FJREO in Hong Kong
  2. 2 Whether the Singapore-registered order is final and conclusive under Singapore law for the purposes of s3(2)(a) FJREO
  3. 3 Whether FJREO excludes registration of judgments founded on foreign judgments (the 'secondhand judgment' or 'laundering' issue)

Ratio Decidendi

The appeal is dismissed because the applicant failed to prove that the Singaporean Order is final and conclusive under the law of Singapore, a prerequisite for registration under FJREO; however, the court held that if that prerequisite were established, FJREO does not preclude registration of a judgment of a designated country's superior court even if that judgment was founded on a foreign judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Dismissal without prejudice to any fresh application to register the Singaporean Order if proper evidence of finality is produced