MITSUI E&S POWER SYSTEMS INC V NEPTUN INTERNATIONAL PTE LTD & ANOR

[2024] SGHCR 3 High Court Registrar 16 February 2024 • HC/OC 5/2023 ( HC/SUM 2489/2023 ) • 29 min read

6 cases cited (4 SG, 2 foreign)

Catchwords

Civil Procedure – Judgments and orders – Enforcement – Attachment of debts

Practice Areas

Civil Procedure

Judges (1)

Victor Choy Delivered

Counsel (5)

Focus Law Asia LLC Firm Rajah & Tann Singapore LLP Firm Genesa Tan Counsel Claimant Priscilla Soh Counsel Third Party Veronica Teo Counsel Claimant

Parties (4)

DBS Bank Ltd Third Party Mitsui E&S Power Systems Inc Claimant Neptun International Pte Ltd Defendant Rian Bin Rahim Defendant

Case Significance

Mitsui E&S Power Systems Inc v Neptun International Pte Ltd and another (DBS Bank Ltd, non-party) [2024] SGHCR 3 was a decision of the General Division of the High Court in Originating Claim No 5 of 2023 (Summons No 2489 of 2023), with AR Victor Choy delivering grounds of decision on 16 February 2024 after hearings on 18 September, 30 October and 29 November 2023. DBS Bank Ltd, as non-party, applied under Order 22 rule 10(5) of the Rules of Court 2021 to release from attachment monies in an account held by Neptun International Pte Ltd that the Sheriff had attached under enforcement order HC/EO 55/2023. The application arose because the Commercial Affairs Department had directed DBS not to allow dealings with the monies under section 35(2)(b) of the Criminal Procedure Code 2010. AR Victor Choy dismissed the application and ordered the monies remain attached, but directed that they not be paid to the Sheriff or to enforcement applicant Mitsui E&S Power Systems Inc until the CAD order was lifted or expired, or any dispute resolved.

Summary

In the General Division of the High Court, the non-party DBS Bank Ltd applied to release from attachment monies in an account of Neptun International Pte Ltd that had been attached under an enforcement order obtained by Mitsui E&S Power Systems Inc, given that the Commercial Affairs Department had directed DBS not to deal with the monies under the Criminal Procedure Code. Assistant Registrar Victor Choy dismissed the application and ordered that the monies remain attached under the enforcement order. He further ordered that, in view of the CAD direction, the attached monies were not to be paid to the Sheriff or Mitsui until the CAD direction was lifted or expired, or any disposal inquiry concerning the monies had been determined.

What did the court decide in Mitsui E&S Power Systems v Neptun International [2024] SGHCR 3?

AR Victor Choy dismissed DBS Bank's application to release attached monies and ordered them to remain attached under the enforcement order, but directed that they not be paid out until the Commercial Affairs Department's order under the Criminal Procedure Code was lifted or expired.

Why were Neptun International's bank monies frozen in [2024] SGHCR 3?

In [2024] SGHCR 3, the monies in Neptun International's DBS account had been attached by the Sheriff under enforcement order HC/EO 55/2023, while the Commercial Affairs Department separately directed DBS not to allow dealings under section 35(2)(b) of the Criminal Procedure Code 2010.