ART ASK AGENCY S.L. v PERSON(S) UNKNOWN RESPONSIBLE FOR THE OPERATION OF E-COMMERCE STORE AT URL “HTTPS://WLDAFENGUAN.ALIEXPRESS.COM/STORE/3254015” WITH SELLER ALIAS “LXS-WL STORE” & 243 Ors

ART ASK AGENCY S.L. v PERSON(S) UNKNOWN RESPONSIBLE FOR THE OPERATION OF E-COMMERCE STORE AT URL “HTTPS://WLDAFENGUAN.ALIEXPRESS.COM/STORE/3254015” WITH SELLER ALIAS “LXS-WL STORE” & 243 Ors

AMS failed to discharge the evidential burden to show that Security Deposits and IP Amounts were legitimately and validly restrained under applicable T&Cs prior to service of the NOA; therefore AMS must pay those amounts to the enforcement applicant pursuant to EO 14. The non-party entitlement to S$100 is deductible from each attached debt (i.e. per debt) and not limited to a single deduction for the NOA. An attachment effected by service of the NOA attaches debts that were 'due' at the time of service (including debts due at a future specified date that arose from existing obligations) but does not operate to attach debts that only become due after service as contingent or future...

Citation
[2023] SGHCR 14
Parties
Claimant / Enforcement Applicant: Art Ask Agency SL; Defendant(s) / Enforcement Respondents: Person(s) Unknown ("LXS-WL STORE") and others; Non Party (garnishee): Alipay Merchant Services Pte Ltd
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
28 August 2023
Case Number
HC/OC 331/2022 ( HC/SUM 1409/2023 )
Procedural Posture
Enforcement of Foreign Judgment / Attachment of Debts (order 22 Rules of Court 2021) / Interlocutory Enforcement Summons (sum 1409) Arising From Originating Claim No 331 of 2022
Legal Topics
Attachment of Debts, Garnishee/non Party Objections, Enforcement of Foreign Judgment, Non Party Costs Entitlement, Validity Period of Enforcement Order, Contractual Withholding (security Deposits / IP Holds)
Source Language
English
Civil Procedure Enforcement Intellectual Property Financial Services Regulation Attachment of Debts Garnishee/non Party Objections Enforcement of Foreign Judgment Non Party Costs Entitlement +2 more

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Parties

Art Ask Agency SL

Claimant / Enforcement Applicant

Person(s) Unknown ("LXS-WL STORE") and others

Defendant(s) / Enforcement Respondents

Alipay Merchant Services Pte Ltd

Non Party (garnishee)

Procedural Posture

Enforcement of Foreign Judgment / Attachment of Debts (order 22 Rules of Court 2021) / Interlocutory Enforcement Summons (sum 1409) Arising From Originating Claim No 331 of 2022

Legal Issues

  1. 1 Whether AMS must pay security deposits held in AMS accounts to the enforcement applicant
  2. 2 Whether AMS must pay IP-related amounts held in AMS accounts to the enforcement applicant
  3. 3 Whether AMS may deduct S$100 per attached debt or only once in respect of the NOA

Ratio Decidendi

AMS failed to discharge the evidential burden to show that Security Deposits and IP Amounts were legitimately and validly restrained under applicable T&Cs prior to service of the NOA; therefore AMS must pay those amounts to the enforcement applicant pursuant to EO 14. The non-party entitlement to S$100 is deductible from each attached debt (i.e. per debt) and not limited to a single deduction for the NOA. An attachment effected by service of the NOA attaches debts that were 'due' at the time of service (including debts due at a future specified date that arose from existing obligations) but does not operate to attach debts that only become due after service as contingent or future...