Luis Chang Soh v Comwealth Investments: Stay of Proceedings & Forum Non Conveniens
In Luis Chang Soh v Comwealth Investments & Trading Pte Ltd, the Singapore High Court addressed the defendant's appeal to stay proceedings in Singapore due to a pending action in the Commercial Court of Paris. The plaintiff, Luis Chang Soh, sought payment for services rendered under a contract related to recovering investments in China. The defendant, Comwealth Investments & Trading Pte Ltd, argued that the Paris action, concerning the same agreement, should take precedence. Tay Yong Kwang JC allowed the appeal, granting a stay of the Singapore proceedings, finding that the plaintiff was not serious about proceeding in Singapore and was using the action to influence the French Court.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment regarding stay of proceedings due to a parallel action in Paris concerning a contract dispute. Appeal allowed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Luis Chang Soh | Plaintiff, Respondent | Individual | Appeal Dismissed | Lost | |
| Comwealth Investments & Trading Pte Ltd | Defendant, Appellant | Corporation | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Seow Kang | Haridass Ho & Partners |
| Sheerin Ameen | Cheow Hin & Partners |
4. Facts
- A written agreement was entered into between the Plaintiff and the Defendants in Singapore.
- The agreement was in Chinese and concerned resolving a dispute and recovering investments in China.
- The Defendants remitted US$550,000 to the Plaintiff's joint account in Paris.
- The Defendants commenced legal proceedings against the Plaintiff in Paris for the return of the US$550,000.
- The Plaintiff commenced an earlier action in Singapore, which was later dismissed.
- The Plaintiff claimed the French Court did not have jurisdiction as the agreement was signed in Singapore for work in China.
- The Defendants argued the Plaintiff was delaying the Paris action and attempting to sell property with a provisional mortgage.
5. Formal Citations
- Luis Chang Soh v Comwealth Investments & Trading Pte Ltd, Suit 656/1999, RA 499/1999, [2000] SGHC 16
6. Timeline
| Date | Event |
|---|---|
| Written agreement entered into between Luis Chang Soh and Comwealth Investments & Trading Pte Ltd. | |
| Ms Shih was to remit US$550,000.00 to the joint account of the Plaintiff and Sai-Kown Chu at Paris, France, by the end of December 1997. | |
| Defendants allegedly accepted the Plaintiff's repudiatory breaches and demanded the return of US$550,000. | |
| Plaintiff admitted he had not started any work via fax to Defendants’ lawyers in Paris. | |
| Writ issued in the Paris Commercial Court for the return of the US$550,000. | |
| High Court in Paris granted a provisional mortgage against the Plaintiff’s property in Paris. | |
| Provisional mortgage registered against the Plaintiff’s property in Paris. | |
| Plaintiff commenced an earlier action in Singapore (Suit No. 2142 of 1998). | |
| Judgment in default of appearance was set aside in Suit No. 2142 of 1998. | |
| Court ordered the Plaintiff to re-serve the writ by 4 pm on 9 April 1999 in Suit No. 2142 of 1998. | |
| Suit No. 2142 of 1998 was dismissed. | |
| Present action commenced. | |
| Statement of Claim was amended. | |
| Plaintiff affirmed his affidavit in China. | |
| Decision Date |
7. Legal Issues
- Stay of Proceedings
- Outcome: The court granted a stay of proceedings in Singapore, allowing the Paris action to proceed.
- Category: Procedural
- Sub-Issues:
- Lis alibi pendens
- Appropriate forum
- Forum Non Conveniens
- Outcome: The court determined that Paris was the more appropriate forum, given the circumstances.
- Category: Jurisdictional
- Sub-Issues:
- Location of witnesses
- Applicable law
- Enforcement of judgment
8. Remedies Sought
- Monetary Damages
- Declaration of Indemnification
- Damages
- Costs
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The Hooghly Mills Co Ltd v Seltron Pte Ltd | High Court | Yes | [1995] 1 SLR 773 | Singapore | Cited for the principles regarding stay of proceedings when there is a pending action in a foreign forum (lis alibi pendens). |
| Oriental Insurance Co Ltd v Bhavani Stores Pte Ltd | Court of Appeal | Yes | [1998] 1 SLR 253 | Singapore | Cited for the principles governing an application to stay proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of proceedings
- Lis alibi pendens
- Forum non conveniens
- Provisional mortgage
- Joint venture
- Power of Attorney
15.2 Keywords
- Stay of proceedings
- Forum non conveniens
- Contract dispute
- Singapore
- Paris
- Investments
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Jurisdiction | 70 |
| Contract Law | 60 |
| Civil Procedure | 50 |
| Arbitration | 30 |
| Damages | 20 |
16. Subjects
- Civil Litigation
- International Litigation
- Contract Law