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Enforcing the Order in Singapore

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Mad Scientist
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Postby Mad Scientist » Mon, 21 Nov 2011 4:28 am

x9200 wrote:@MS, I completely agree with you except this part the me incorrect :cool:. Simply POA is much more widely defined than you present it here.

This is after wikipedia:
Oral and written powers of attorney

Depending on the jurisdiction, a power of attorney may be oral and whether witnessed or not, will hold up in court, the same as if it were in writing.[2] For some purposes, the law requires a power of attorney to be in writing. Many institutions, such as hospitals, banks and, in the United States, the Internal Revenue Service, require a power of attorney to be in writing before they will honor it, and they will usually keep an original copy for their records. In some countries and situations, an electronic power of attorney can also be considered valid.

I use POA more less on regular bases to handle different things back in Europe.

This is two parts

Any contract be it in verbal , contract, in tort , implied or otherwise where two parties or more is in agreement on specific term of therein agreement is called Contract Law. There are host of examples pertaining to this matter. It will be binded by the parties involved per se only

When you release yourself to a third party under the Power of Attorney due to reasons such not residing in the contracted country or inability to signed due to mental disability or a minor as such. That contract is still binded with the parties involved as long as there are witness to the said "release" and as explained on my previous post.

Now, in SG Law term when a contractual agreement is signed under the Power of Attorney and verified and authenticated in the SG court of Law, this contract is binded and is deemed to be unbiased to all parties involved. This is also provides a leeway if everything falls into custard as such legal avenues in contention will be resolved speedily. This is what I meant from OP questions.
Since he has won the order of Tribunal, to enforce it , he can use a POA to a third party. However to enforce it will be another matter as the third party needs teeth to enforce.
A lawyer as a POA then proceed with a letter of demand is one way which is deem enforceable third party. If fails an injunction to summon is the next step then on Chapter 11 procedure is in order.
It removes the contentious part of legality of third party POA for eg. as it has been signed and filed in the court of Law.
By your version X; A third party needs to notarise it in front of a Public Notary then on authenticate it by the Law Academy if parties involve needs it to be filed in the court of Law if so required
By my version; it cuts the chase since he has won the Order from SCT

I am not sure on KSL view of passing the applicant cost to the defendant as I have tried it before and failed. Only when civil litigation proceeding in the SG High Court can this be allowed as a certain amount of deposit needs to be paid to the court for both parties before any legal procedure kicks in. In fact I have tried this in Malaysia too and it did not work.
Having said that I did have few proceeding in Malaysia, Indonesia and Australia under POA thru a law firm . Some took longer than the others but the route is almost similar. I rest in peace
The positive thinker sees the invisible, feels the intangible, and achieves the impossible.Yahoo !!!

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Postby ecureilx » Mon, 21 Nov 2011 7:31 am

jonnawong wrote:Actually the company prepared and gave us 5 checks in SCT for 5 months to credit. So far two checks has been bounced back. If I was there, I must ask judge to ask the "smart" guy to give us bankdraft or money order. Now it is hard for us to request any one to do the complicated process of enforcing order.
SCT has no online service to let me contact.

Err .. the last time I checked bounced checks -> serious offense ..

Hence the implicit trust in checks, when you are supplying / collecting payment ...

Maybe you should seek options for filing legal actions, unless the company who gave the check has wound up ..

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Postby x9200 » Mon, 21 Nov 2011 8:44 am

MS, there is no my version. I was merely referring to your statement that what JR8 described was a contract not POA. I never made any attempt to localized it and I made it very clear.

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