Yugiantoro v Budiono Widodo: Forum Non Conveniens and Oral Agreement Dispute
In Yugiantoro v Budiono Widodo, the Singapore High Court addressed the issue of forum non conveniens in a dispute over an alleged oral agreement. Yugiantoro sued Widodo, claiming breach of an indemnity agreement related to shares in a Hong Kong company. Widodo sought a stay of proceedings, arguing Indonesia was a more appropriate forum. The High Court dismissed Widodo's appeal, finding that he failed to establish Indonesia as a clearly more appropriate forum. The court considered factors such as the location of the alleged agreement, the parties' residences and business interests, and the applicable law, ultimately concluding that Singapore was a suitable forum for the action.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case regarding a dispute over an oral agreement. The court dismissed the defendant's appeal to stay proceedings in favor of an Indonesian forum.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Yugiantoro | Respondent, Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Budiono Widodo | Appellant, Defendant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Daniel Koh | Engelin Teh & Partners |
| Sivakumar Murugaiyan | Colin Ng & Partners |
4. Facts
- Yugiantoro and Widodo allegedly entered into an oral agreement in Singapore regarding the sale and purchase of shares.
- Yugiantoro claimed Widodo agreed to indemnify him for losses from a fall in the value of Pacific Plywood Holdings Ltd shares.
- Yugiantoro asserted the Pacific shares became worthless one year later, leading him to seek US$2 million from Widodo.
- Widodo denied entering into the indemnity arrangement and argued the dispute should be resolved in Indonesian courts.
- Both Yugiantoro and Widodo 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/P, RA 143/2001/P, [2001] SGHC 349
6. Timeline
| Date | Event |
|---|---|
| Oral agreement allegedly entered into between Yugiantoro and Widodo in Singapore. | |
| Assistant Registrar dismissed Widodo's application to stay the proceedings. | |
| High Court dismissed Widodo's appeal against the Assistant Registrar's decision. |
7. Legal Issues
- Forum Non Conveniens
- Outcome: The court held that the defendant did not establish that Indonesia was a more appropriate forum for the action and dismissed the appeal.
- Category: Procedural
- Related Cases:
- [1998] 1 SLR 253
- [1987] 1 Lloyds Rep 1
- [1992] 2 SLR 776
- Breach of Contract
- Outcome: The court did not make a ruling on the breach of contract itself, as the issue was whether the case should be heard in Singapore or Indonesia.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Breach of Indemnity
10. Practice Areas
- Litigation
- International Litigation
11. Industries
- Finance
- Investment
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Oriental Insurance Co Ltd v Bhavani Stores Pte Ltd | Court of Appeal | Yes | [1998] 1 SLR 253 | Singapore | Cited for the principles applicable to granting a stay based on forum non conveniens. |
| The Spiliada | N/A | Yes | [1987] 1 Lloyds Rep 1 | England | Cited for the approach to determining forum non conveniens, requiring the defendant to show another forum is clearly more appropriate. |
| Brinkerhoff Maritime Drilling Corp & Anor v PT Airfast Services Indonesia and another appeal | Court of Appeal | Yes | [1992] 2 SLR 776 | Singapore | Cited for approving and applying the approach suggested in The Spiliada regarding forum non conveniens. |
| Las Vegas Hilton Corporation t/a Las Vegas Hilton v Khoo Teng Hock Sunny | N/A | No | [1997] 1 SLR 341 | Singapore | Cited for the factors to consider when determining the closest and most real connection to a contract. |
| Bambang Sutrisno v Bali International Finance Ltd & Ors | Court of Appeal | No | [1999] 3 SLR 140 | Singapore | Cited and distinguished regarding the enforcement of a guarantee and the relevance of spousal consent under Indonesian law. |
| Re United Railways of Havana and Regla Warehouses Ltd | N/A | Yes | [1960] Ch 52 | England and Wales | Cited for factors to determine the question of closest and most real connection. |
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 High Court
- Contract Law
- Indonesia
- Yugiantoro
- Widodo
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Natural forum | 90 |
| Conflict of Laws | 80 |
| Contract Law | 70 |
| Service out of jurisdiction | 40 |
16. Subjects
- Civil Litigation
- Contract Dispute
- Jurisdiction