Nyunt v First Property Holdings Pte Ltd

The applicant, Mr. Nyunt, sought to set aside the registration of two judgments obtained against him in the High Court of the Republic of Singapore, which had been registered in New South Wales under the *Foreign Judgments Act 1991* (Cth). The dispute concerned the validity and enforceability of these Singaporean judgments, one of which was a default judgment and the other an assessment of damages.

The primary legal issues before the court were whether the registration of the foreign default judgment should be set aside on the grounds that Mr. Nyunt, while aware of the Singaporean proceedings, was unaware of the specific quantum of compensation claimed. Further questions arose regarding whether the registration was contrary to public policy or if Mr. Nyunt lacked sufficient notice of the proceedings. The court also considered whether the judgment creditor's prior attempt to sue Mr. Nyunt in Myanmar, before commencing proceedings in Singapore, constituted an "election" that would deprive the judgment creditor of the benefit of a non-exclusive submission to jurisdiction clause.

The court reasoned that while a judgment debtor must have sufficient notice of proceedings, knowledge of the precise quantum of a claim is not a prerequisite for valid notice, particularly in the context of a default judgment where the debtor has failed to appear. The court found no basis to conclude that the registration was contrary to public policy or that Mr. Nyunt had not received adequate notice. Furthermore, the court determined that the prior proceedings in Myanmar did not amount to an election that precluded the judgment creditor from pursuing the claim in Singapore, especially given the non-exclusive nature of the jurisdiction clause.

Consequently, the appeal was largely dismissed. However, the court varied the original order by reducing the registered judgment amounts and interest by specific sums, reflecting adjustments made to the original Singaporean judgment.