Projector SA v Marubeni: Amendment of Notice of Appeal & Factors for Consideration
In Projector SA v Marubeni International Petroleum (S) Pte Ltd, the Singapore Court of Appeal heard an application by Projector SA to amend its notice of appeal against an order by Belinda Ang Saw Ean J. The initial order required Projector SA to maintain a cash deposit in a South Korean court. Projector SA sought to include an appeal against this condition, in addition to appealing the reservation of inquiry into damages and costs to the trial judge. The court, presided over by Woo Bih Li J, dismissed the application with costs, citing a lack of candor in the affidavits supporting the amendment.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal dismissed Projector SA's application to amend its notice of appeal, citing a lack of candor in supporting affidavits.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Projector SA | Appellant | Corporation | Application dismissed with costs | Lost | Lawrence Teh, Sean La'Brooy |
| Marubeni International Petroleum (S) Pte Ltd | Respondent | Corporation | Application dismissed | Won | Werner Tsu |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lawrence Teh | Rodyk and Davidson |
| Sean La'Brooy | Rodyk and Davidson |
| Werner Tsu | Drew and Napier LLC |
4. Facts
- Marubeni obtained an interim mandatory injunction against Projector SA.
- The injunction compelled Projector to pay a cash deposit of about US$2.6m.
- The cash deposit was to secure the release of the vessel Dynamic Express from arrest in Korea.
- Projector applied to discharge the injunction.
- Ang J discharged the injunction on the condition that the cash deposits be retained.
- Projector filed a notice of appeal against parts of Ang J’s order.
- Projector then applied to amend the notice of appeal.
5. Formal Citations
- Projector SA v Marubeni International Petroleum (S) Pte Ltd, CA 42/2004, NM 51/2004, [2004] SGCA 34
6. Timeline
| Date | Event |
|---|---|
| Interim mandatory injunction order granted to Marubeni against Projector SA. | |
| Projector applied to discharge the Injunction. | |
| Cash deposit paid by Projector into the South Korean court. | |
| Belinda Ang Saw Ean J discharged the injunction with conditions. | |
| Projector filed a notice of appeal. | |
| Projector filed an application to amend the notice of appeal. | |
| Application dismissed with costs. |
7. Legal Issues
- Amendment of Notice of Appeal
- Outcome: The court dismissed the application to amend the notice of appeal due to a lack of candour in the supporting affidavits.
- Category: Procedural
- Sub-Issues:
- Miscommunication in taking instructions
- Lack of candour in supporting affidavits
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- Petroleum
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Leong Mei Chuan v Chan Teck Hock David | Court of Appeal | Yes | [2001] 2 SLR 17 | Singapore | Cited for the principle that the stringent requirements for extending the time to file an appeal do not automatically apply to applications to amend a notice of appeal. |
| Costellow v Somerset County Council | N/A | Yes | [1993] 1 All ER 952 | N/A | Cited for the principle that a rigid, mechanistic approach is inappropriate when resolving problems such as an application for leave to amend a notice of appeal. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Notice of Appeal
- Amendment
- Interim Mandatory Injunction
- Cash Deposit
- Miscommunication
- Lack of Candour
15.2 Keywords
- Appeal
- Amendment
- Injunction
- Civil Procedure
- Singapore
- Court of Appeal
16. Subjects
- Civil Procedure
- Appeals
17. Areas of Law
- Civil Procedure
- Appeals