Asia-Pacific Ventures II Ltd v PT Intimutiara Gasindo: Forum Non Conveniens & Stay of Proceedings

In Asia-Pacific Ventures II Ltd and Others v PT Intimutiara Gasindo and Others, the High Court of Singapore heard an appeal by the defendants, PT Intimutiara Gasindo, Asia-Pacific Ventures II Ltd, and others, against the dismissal of their application for a stay of proceedings based on forum non conveniens. The plaintiffs, Asia-Pacific Ventures II Ltd and others, brought a claim related to a bond subscription agreement governed by Singapore law. The court, presided over by Lee Seiu Kin JC, dismissed the appeal, finding that Singapore was the more appropriate forum given the governing law and the defendants' submission to Singapore's jurisdiction. The court also considered that the defendants had not discharged their burden of showing that Indonesia was clearly the more appropriate forum.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court dismisses appeal for stay of proceedings based on forum non conveniens. The case involves a bond subscription agreement governed by Singapore law.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
P.T. Intimutiara GasindoDefendant, AppellantCorporationAppeal DismissedLost
Asia-Pacific Ventures II LtdPlaintiff, RespondentCorporationAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Molly LimWong Tan & Molly Lim
Roland TongWong Tan & Molly Lim
Edric PanRajah & Tann
Chong Boon LeongRajah & Tann

4. Facts

  1. The plaintiffs are bondholders seeking redemption of bonds from the first defendant.
  2. The first defendant is an Indonesian company operating a chemical plant in Indonesia.
  3. The second to fifth defendants are shareholders of the first defendant.
  4. The bond subscription agreement is governed by Singapore law and provides for non-exclusive jurisdiction of Singapore courts.
  5. The plaintiffs claim that the net profit after tax for 1998 and 1999 was less than 90% of the projected net profit after tax.
  6. The plaintiffs issued redemption notices and claim US$21m from the company.
  7. The defendants argued for a stay of proceedings based on forum non conveniens, claiming Indonesia is a more appropriate forum.

5. Formal Citations

  1. Asia-Pacific Ventures II Ltd and Others v PT Intimutiara Gasindo and Others, Suit 312/2001, RA 81/2001, [2001] SGHC 144

6. Timeline

DateEvent
Company entered into a bond subscription agreement with the plaintiffs.
Plaintiffs filed the writ of summons.
Senior assistant registrar dismissed the defendant's application with costs.
Future Fast Securities Ltd commenced action in Central Jakarta.
Company commenced action against the plaintiffs and FFSL in the District Court of Central Jakarta.
Matter fixed before the judge.
Order 14 application fixed for hearing.
Appeal dismissed.

7. Legal Issues

  1. Forum Non Conveniens
    • Outcome: The court dismissed the appeal, finding that Singapore was the more appropriate forum.
    • Category: Procedural
    • Sub-Issues:
      • Stay of proceedings
    • Related Cases:
      • [1999] 3 SLR 140
      • [1995] 3 SLR 97
      • [2001] 2 SLR 49

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Chemical Industry

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Bambang Sutrisno v Bali International FinanceCourt of AppealYes[1999] 3 SLR 140SingaporeCited regarding the weight to be given to a non-exclusive jurisdiction clause.
Eng Liat Kiang v Eng Bak HernCourt of AppealYes[1995] 3 SLR 97SingaporeCited for the principle that the burden of proof rests on the defendant to show that there is another available forum which is clearly or distinctly more appropriate than the Singapore forum.
PT Hutan Domas Raya v Yue Xiu Enterprises (Holdings)Court of AppealYes[2001] 2 SLR 49SingaporeCited for the principles governing the grant of a stay of proceedings.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Forum non conveniens
  • Bond subscription agreement
  • Redemption
  • Net profit after tax
  • Non-exclusive jurisdiction
  • Shareholders` undertaking agreement

15.2 Keywords

  • Forum non conveniens
  • Stay of proceedings
  • Bond subscription agreement
  • Singapore law
  • Indonesian company

17. Areas of Law

Area NameRelevance Score
Natural forum90
Contract Law80
Jurisdiction70
Breach of Contract60
International Commercial Law50
Arbitration40

16. Subjects

  • Civil Litigation
  • Conflict of Laws