OVERSEA-CHINESE BANKING CORPORATION LIMITED v SALIM BIN SAID

OVERSEA-CHINESE BANKING CORPORATION LIMITED v SALIM BIN SAID

Leave to issue execution under O 46 r 2(1)(a) is discretionary; the judgment creditor must show demonstrably justifiable reasons for delay by providing cogent evidence of diligence and absence of prejudice to the debtor. Applied to facts: OCBC's evidence was inadequate and leave refused; Standard Chartered showed diligence and that delay was caused by debtor requests and forbearance, so leave granted.

Citation
[2017] SGHCR 07
Parties
Plaintiff/applicant: Oversea-Chinese Banking Corporation Limited; Defendant/respondent: Salim bin Said; Plaintiff/applicant: Standard Chartered Bank (Singapore) Limited; Defendant/respondent: Sim Chock Oo; Defendant/respondent: Tay Soon Lee; Defendant/respondent: Fikdtec Pte Ltd
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
12 May 2017
Case Number
OS 97/2009 ( HC/SUM 648/2017 )
Procedural Posture
Originating Summons (mortgage Enforcement; Leave to Issue Writs of Possession) / Ex Parte Leave Applications; Judgment on Applications
Outcome
SUM 648/2017 dismissed; SUM 1304/2017 and SUM 1305/2017 granted.
Legal Topics
Leave to Issue Execution After Six Years, O 46 R 2(1)(a) Rules of Court, Enforcement of Judgment, Discretionary Leave, Indulgence/repayment Arrangements, Prejudice to Judgment Debtor, Diligence of Judgment Creditor
Source Language
English
Civil Procedure Enforcement Mortgage/property Limitation Law Banking Law Leave to Issue Execution After Six Years O 46 R 2(1)(a) Rules of Court Enforcement of Judgment +4 more

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Parties

Oversea-Chinese Banking Corporation Limited

Plaintiff/applicant

Salim bin Said

Defendant/respondent

Standard Chartered Bank (Singapore) Limited

Plaintiff/applicant

Sim Chock Oo

Defendant/respondent

Tay Soon Lee

Defendant/respondent

Fikdtec Pte Ltd

Defendant/respondent

Procedural Posture

Originating Summons (mortgage Enforcement; Leave to Issue Writs of Possession) / Ex Parte Leave Applications; Judgment on Applications

Legal Issues

  1. 1 Whether leave should be granted to issue writs of possession more than six years after the date of judgment
  2. 2 Whether O 46 r 2(1)(a) operates as a substantive limitation or a procedural bar
  3. 3 What factors govern the court's exercise of discretion to grant leave after delay

Ratio Decidendi

Leave to issue execution under O 46 r 2(1)(a) is discretionary; the judgment creditor must show demonstrably justifiable reasons for delay by providing cogent evidence of diligence and absence of prejudice to the debtor. Applied to facts: OCBC's evidence was inadequate and leave refused; Standard Chartered showed diligence and that delay was caused by debtor requests and forbearance, so leave granted.

Court Disposition

SUM 648/2017 dismissed; SUM 1304/2017 and SUM 1305/2017 granted.

Orders

  • SUM 648 of 2017 dismissed (leave to issue writ of possession refused)
  • Leave granted to issue writs of possession in terms of Summons No 1304 of 2017 (OS 720 of 2007)