Fortune Hong Kong Trading Ltd v Cosco Feoso: Service of Foreign Process & Rules of Court
In Fortune Hong Kong Trading Ltd v Cosco Feoso (Singapore) Pte Ltd, the Singapore Court of Appeal addressed the validity of serving an English writ on a Singaporean defendant without a letter of request from the English court. Fortune Hong Kong Trading Ltd, the appellant, sought a declaration that the service of the writ on Cosco Feoso (Singapore) Pte Ltd, the respondent, was valid. The Court of Appeal allowed the appeal, holding that the service was valid because it was effected in accordance with Singapore law, specifically section 387 of the Companies Act, as if it were a local process. The court clarified that Order 65 Rule 2 of the Rules of Court, which governs service of foreign process, applies only when a letter of request is received from the foreign court.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal held that service of an English writ in Singapore without a letter of request is valid if done as a local process.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Fortune Hong Kong Trading Ltd | Appellant | Corporation | Appeal allowed | Won | |
| Cosco-Feoso (Singapore) Pte Ltd | Respondent | Corporation | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| L P Thean | Justice of the Court of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
4. Facts
- Fortune Hong Kong Trading Ltd sought to serve an English writ on Cosco Feoso (Singapore) Pte Ltd in Singapore.
- The writ was served by leaving it at Cosco Feoso's registered office in Singapore.
- No letter of request was issued by the High Court of England and Wales.
- Cosco Feoso argued the service was invalid as it did not comply with Order 65 of the Singapore Rules of Court.
- The High Court in England adjourned the hearing for the Singapore courts to determine the validity of the service.
- There is no Civil Procedure Convention between Singapore and the United Kingdom.
5. Formal Citations
- Fortune Hong Kong Trading Ltd v Cosco Feoso (Singapore) Pte Ltd, CA 180/1999, [2000] SGCA 24
- , , [2000] 1 SLR 633
6. Timeline
| Date | Event |
|---|---|
| Respondents agreed to supply gasoil to Pacific Fond for US$915,000. | |
| Respondents presented a commercial invoice and letter of indemnity. | |
| Appellants commenced proceedings in England. | |
| Leave obtained from High Court in England to serve writ out of jurisdiction. | |
| Concurrent writ issued. | |
| Process server effected service on the respondents. | |
| Appellants commenced proceedings in Singapore by way of originating summons. | |
| Judgment issued. |
7. Legal Issues
- Validity of Service of Foreign Process
- Outcome: The court held that service of an English writ in Singapore without a letter of request is valid if done as a local process.
- Category: Procedural
- Sub-Issues:
- Compliance with Order 65 of the Rules of Court
- Requirement of a letter of request from a foreign court
8. Remedies Sought
- Damages in the sum of US$915,000
9. Cause of Actions
- Damages pursuant to the terms of the letter of indemnity
10. Practice Areas
- Commercial Litigation
- Civil Litigation
11. Industries
- Trade Financing
- Oil and Gas
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ferrarini SpA & Ors v Magnol Shipping Co Inc | English courts | Yes | [1988] 1 Lloyd`s Rep 238 | England and Wales | Cited regarding the interpretation of Swiss Penal Code concerning service of foreign process. |
| Sunkyong International Inc v Malaysian Rubber Development Corp Bhd | Supreme Court of Malaysia | Yes | [1992] 2 MLJ 146 | Malaysia | Cited regarding the method of service of a notice of writ out of jurisdiction. |
| Ong & Co Pte Ltd v Chow YL Carl | High Court | Yes | [1987] SLR 304 | Singapore | Cited regarding the service of a writ and the exercise of judicial power in another state. |
| United Overseas Bank Ltd v Wong Hai Ong | High Court of Sabah and Sarawak | Yes | [1999] 1 MLJ 474 | Malaysia | Cited regarding the service of foreign process and encroachment on sovereignty. |
| Afro Continental Nigeria Ltd v The Meridian Shipping Co SA | N/A | Yes | [1982] 2 Lloyd`s Rep 241 | N/A | Cited regarding service of a writ out of jurisdiction as an exercise of sovereignty. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 1997 O 65 r 2 |
| Rules of Court 1997 O 10 r 1 |
| Rules of Court 1997 O 62 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Companies Act (Cap 50, 1994 Rev Ed) s 387 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Service of foreign process
- Letter of request
- Order 65 Rules of Court
- Civil Procedure Convention
- Sovereignty
- Writ of summons
- Registered office
- Process server
15.2 Keywords
- Service of foreign process
- Rules of Court
- Singapore
- Companies Act
- Letter of request
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Service of Process | 80 |
| Civil Practice | 75 |
| Private International Law | 50 |
| Jurisdiction | 40 |
| Company Law | 30 |
16. Subjects
- Civil Procedure
- International Law
- Jurisdiction