October 19, 2021

Perry v Esculier: Interpleader proceedings in the court of appeal

19 October 2021

On 30 October 2020, the Singapore International Commercial Court in Perry v Esculier clarified the unique nature of interpleader proceedings, in which rival claimants contend that they own the same property. Simon Thorley IJ decided that, in the common situation where leave is given for the rival claimants to press their respective claims in a new action, the proceedings are not to be treated as a normal lawsuit to which new or different claims can be easily added. An appeal from Thorley IJ’s decision was dismissed by the Court of Appeal.

On 19 October 2021, the Court of Appeal handed down its grounds of decision, confirming that such proceedings are generally limited to proprietary claims to the relevant property, and that it would be an abuse of process for one party to try and include personal claims which do not seek to establish title to the property.

A copy of the judgment can be found here.

Colin Liew acted for the respondents.