Yugiantoro v Budiono Widodo: Forum Non Conveniens & Enforcement of Oral Agreement
In Yugiantoro v Budiono Widodo, the High Court of Singapore dismissed the defendant's appeal to stay proceedings in Singapore, finding that Indonesia was not a clearly more appropriate forum. The plaintiff, Yugiantoro, sued the defendant, Widodo, to enforce an oral agreement allegedly made in Singapore regarding the sale and purchase of shares. Widodo argued that the case should be heard in Indonesia, as both parties were Indonesian citizens. The court, however, found that both parties had significant connections to Singapore, and the agreement was allegedly made in Singapore. The court dismissed the appeal with costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court refused to stay action enforcing oral agreement, finding Indonesia not clearly more appropriate forum despite parties' Indonesian citizenship.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Yugiantoro | Respondent, Plaintiff | Individual | Appeal dismissed | Won | Daniel Koh |
| Budiono Widodo | Appellant, Defendant | Individual | Appeal dismissed | Lost | Sivakumar Murugaiyan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sivakumar Murugaiyan | Colin Ng & Partners |
| Daniel Koh | Engelin Teh & Partners |
4. Facts
- Yugiantoro claimed an oral agreement was made in Singapore with Widodo regarding the sale of Pacific shares.
- Yugiantoro alleged Widodo agreed to indemnify him for losses if the Pacific shares' value fell after one year.
- Yugiantoro asserted the Pacific shares became worthless one year later, entitling him to US$2m from Widodo.
- Widodo denied entering into the indemnity arrangement and sought a stay of action in Singapore.
- Both parties are Indonesian citizens but have homes, assets, and business interests in Singapore.
- The alleged oral agreement was purportedly made in Widodo's Singapore office.
5. Formal Citations
- Yugiantoro v Budiono Widodo, Suit 573/2001, RA 143/2001, [2001] SGHC 346
6. Timeline
| Date | Event |
|---|---|
| Oral agreement allegedly made in Singapore in January or February 1997. | |
| Assistant registrar dismissed the application to stay the action. | |
| Appeal dismissed. |
7. Legal Issues
- Forum Non Conveniens
- Outcome: The court held that Indonesia was not a clearly more appropriate forum for the suit.
- Category: Procedural
- Related Cases:
- [1998] 1 SLR 253
- [1987] 1 Lloyd`s Rep 1
- [1992] 2 SLR 776
- Enforcement of Oral Agreement
- Outcome: The court did not rule on the enforceability of the oral agreement itself, as the primary issue was the appropriate forum.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Oriental Insurance Co v Bhavani Stores | Court of Appeal | Yes | [1998] 1 SLR 253 | Singapore | Cited for the principles applicable to granting a stay where the question of forum non conveniens arises. |
| The Spiliada | N/A | Yes | [1987] 1 Lloyd`s Rep 1 | England | Cited for the approach to determining forum non conveniens. |
| Brinkerhoff Maritime Drilling Corp & Anor v PT Airfast Services Indonesia and another appeal | Court of Appeal | Yes | [1992] 2 SLR 776 | Singapore | Cited for the application of the principles in The Spiliada regarding forum non conveniens. |
| Las Vegas Hilton Corp t/a Las Vegas Hilton v Khoo Teng Hock Sunny | N/A | Yes | [1997] 1 SLR 341 | Singapore | Cited for factors to consider when determining the closest and most real connection to a contract. |
| Re United Railways of Havana and Regla Warehouses Ltd | N/A | Yes | [1960] Ch 52 | N/A | Cited for factors to consider when determining the closest and most real connection to a contract. |
| Bambang Sutrisno v Bali International Finance | Court of Appeal | Yes | [1999] 3 SLR 140 | Singapore | Cited and distinguished regarding the enforcement of a guarantee and the issue of spousal consent under Indonesian law. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Forum Non Conveniens
- Oral Agreement
- Indemnity
- Pacific Plywood Holdings Ltd
- Shares
- Proper Law of Contract
- Lex Loci Solutionis
15.2 Keywords
- Forum Non Conveniens
- Oral Agreement
- Singapore
- Indonesia
- Conflict of Laws
16. Subjects
- Conflict of Laws
- Contract Law
- Civil Procedure
- Forum Non Conveniens
17. Areas of Law
- Conflict of Laws
- Contract Law
- Civil Procedure