Motor Insurers' Bureau of Singapore v Pacific & Orient Insurance Co. Berhad
w-02im-1982-11-2023 Court of Appeal (Mahkamah Rayuan) 22 June 2025 • W-02(IM)-1982-11/2023 • 5 min read
Catchwords
This appeal concerns the court’s power under s 5(1)(a)(v) of the Registration and Enforcement of Judgments Act 1958 (REJA) to set aside the registration of a judgment of the Singapore High Court on the ground that the enforcement of the judgment would be contrary to public policy in Malaysia. The appellant is a non-profit organisation in Singapore which operates a scheme funded by all general insurance companies and Lloyd’s Underwriters transacting compulsory motor vehicle insurance business in Singapore. The Appellant’s primary function is to ensure that victims of road traffic accidents have recourse when - (1) the driver of a motor vehicle who injures a victim cannot be traced; or (2) the driver of a motor vehicle who injures a victim is without effective insurance to cover his/her liability and is therefore unable to compensate the victim. The Appellant carries on the same function as “Motor Insurance Bureau of West Malaysia” in West Malaysia (MIBWM). MIBWM is likewise a non-profit organisation funded by all general insurance companies in West Malaysia and insurance companies transacting compulsory motor vehicle insurance business in West Malaysia. To give effect to its functions and framework, the Appellant and MIBWM, in Singapore and West Malaysia respectively, had each entered into similar arrangements governing compensation of third party victims of road accident in their respective countries. These arrangements are known as the “Principal Agreement” and “Domestic Agreements”:
Practice Areas
This appeal concerns the court’s power under s 5(1)(a)(v) of the Registration and Enforcement of Judgments Act 1958 (REJA) to set aside the registration of a judgment of the Singapore High Court on the ground that the enforcement of the judgment would be contrary to public policy in Malaysia. The appellant is a non-profit organisation in Singapore which operates a scheme funded by all general insurance companies and Lloyd’s Underwriters transacting compulsory motor vehicle insurance business in Singapore. The Appellant’s primary function is to ensure that victims of road traffic accidents have recourse when - (1) the driver of a motor vehicle who injures a victim cannot be traced; or (2) the driver of a motor vehicle who injures a victim is without effective insurance to cover his/her liability and is therefore unable to compensate the victim. The Appellant carries on the same function as “Motor Insurance Bureau of West Malaysia” in West Malaysia (MIBWM). MIBWM is likewise a non-profit organisation funded by all general insurance companies in West Malaysia and insurance companies transacting compulsory motor vehicle insurance business in West Malaysia. To give effect to its functions and framework, the Appellant and MIBWM, in Singapore and West Malaysia respectively, had each entered into similar arrangements governing compensation of third party victims of road accident in their respective countries. These arrangements are known as the “Principal Agreement” and “Domestic Agreements”:
Case Significance
Motor Insurers' Bureau of Singapore v Pacific & Orient Insurance Co. Berhad is a Court of Appeal (Mahkamah Rayuan) decision dated June 22, 2025 (citation: w-02im-1982-11-2023). The panel comprised Azhahari Kamal bin Ramli, Supang Lian and Wong Kian Kheong, with Wong Kian Kheong delivering the judgment.
Key issues: (1) the driver of a motor vehicle who injures a victim cannot be traced; or.
What was the outcome of Motor Insurers' Bureau of Singapore v Pacific & Orient Insurance Co. Berhad?
Motor Insurers' Bureau of Singapore v Pacific & Orient Insurance Co. Berhad is a Court of Appeal decision dated June 22, 2025. The case was heard by Azhahari Kamal bin Ramli. See the full judgment for details.