PEMIUTANG PENGHAKIMAN The University of British Columbia PENGHUTANG PENGHAKIMAN Lim Siew Eng

PEMIUTANG PENGHAKIMAN The University of British Columbia PENGHUTANG PENGHAKIMAN Lim Siew Eng

The court held the originating summons to enforce the Supreme Court of British Columbia monetary judgments is maintainable because the earlier Malaysian suit was struck out on forum non conveniens (not on merits) so res judicata does not apply, and the foreign judgments and certificates are final and conclusive because the Judgment Debtor did not appeal; accordingly enforcement is allowed and costs awarded (RM4,000 and 4% allocator).

Citation
WA-24NCVC-484-03/2019 (Mahkamah Tinggi)
Parties
Judgment Creditor: The University of British Columbia; Judgment Debtor: Lim Siew Eng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 January 2020
Case Number
WA-24NCVC-484-03/2019 (Mahkamah Tinggi)
Procedural Posture
Enforcement of Foreign Judgment (originating Summons) / Hearing and Determination of Originating Summons
Outcome
Originating summons allowed (enforcement of foreign judgments granted)
Legal Topics
Res Judicata, Forum Non Conveniens, Finality of Judgment, Enforcement of Foreign Certificates, Interest Assessment, Abuse of Process
Source Language
Malay/English
Civil Procedure Conflict of Laws Trusts and Estates Enforcement of Foreign Judgments Res Judicata Forum Non Conveniens Finality of Judgment Enforcement of Foreign Certificates +2 more

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Parties

The University of British Columbia

Judgment Creditor

Lim Siew Eng

Judgment Debtor

Procedural Posture

Enforcement of Foreign Judgment (originating Summons) / Hearing and Determination of Originating Summons

Legal Issues

  1. 1 Whether the originating summons to enforce foreign judgments is barred by res judicata due to a previous striking out (Suit 680)
  2. 2 Whether the Supreme Court of British Columbia judgments and certificates are final and conclusive and therefore enforceable
  3. 3 Whether the Malaysian court may enforce monetary awards and interest assessed by a foreign court

Ratio Decidendi

The court held the originating summons to enforce the Supreme Court of British Columbia monetary judgments is maintainable because the earlier Malaysian suit was struck out on forum non conveniens (not on merits) so res judicata does not apply, and the foreign judgments and certificates are final and conclusive because the Judgment Debtor did not appeal; accordingly enforcement is allowed and costs awarded (RM4,000 and 4% allocator).

Court Disposition

Originating summons allowed (enforcement of foreign judgments granted)

Orders

  • Judgment entered for C$1,255,000.00 in favour of the Judgment Creditor.
  • Interest of C$491,664.35 and continuing on the sum of C$1,255,000.00 at the rate of 3.45% per annum from 1.10.2018 until full and final settlement.