RBG Resources plc v Banque Cantonale Vaudoise: Application for Ad Hoc Admission of Queen's Counsel

In 2004, the High Court of Singapore heard an application by Credit Lyonnais (CL) for the ad hoc admission of Mr. Henry Bernard Eder, a Queen's Counsel, to represent them in Civil Appeals Nos 57 and 73 of 2004 against RBG Resources plc (RBG). The appeals related to a suit commenced by RBG concerning competing claims to a cargo of metal. The court, presided over by Justice Tan Lee Meng, dismissed the application, finding that the issues in the appeals were not sufficiently difficult or complex to warrant the admission of a Queen's Counsel.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application to admit Queen's Counsel for appeal in a case involving ascertainment of goods under s 20A of the Sale of Goods Act. Application dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Attorney-GeneralOtherGovernment AgencySupported ObjectionNeutral
Lim Yew Jin of State Counsel
Law Society of SingaporeOtherStatutory BoardSupported ObjectionNeutral
Credit LyonnaisApplicant, RespondentCorporationApplication DismissedLost
RBG Resources plcRespondent, AppellantCorporationSuccessful ObjectionWon

3. Judges

Judge NameTitleDelivered Judgment
Tan Lee MengJudgeYes

4. Counsels

Counsel NameOrganization
Lim Yew JinState Counsel
Pradeep Kumar GobindK S Chia Gurdeep and Param
Loh Jen WeiRodyk and Davidson
Lawrence Teh Kee WeeRodyk and Davidson
Sarjit Singh GillShook Lin and Bok
Matthew SawLee and Lee
Mervyn FooLee and Lee

4. Facts

  1. Credit Lyonnais sought to admit a Queen's Counsel for appeals related to a cargo of metal.
  2. The appeals stemmed from a suit by RBG Resources plc regarding competing proprietary claims.
  3. The case involved the concept of ascertainment of goods under s 20A of the Sale of Goods Act.
  4. The Attorney-General and the Law Society objected to the admission of the Queen's Counsel.
  5. The trial judge had previously ruled in favor of RBG Resources plc.
  6. CL was the only defendant with whom RBG had to contend at the trial.

5. Formal Citations

  1. Eder Henry Bernard QC, OM 39/2004, [2004] SGHC 239

6. Timeline

DateEvent
Suit No 1175 of 2002 commenced by RBG Resources plc.
CL removed 300mt of nickel briquettes from the warehouse.
Woo Bih Li J found in favour of RBG.
Civil Appeals Nos 57 and 73 of 2004 filed by CL.
Application to admit Mr. Henry Bernard Eder QC dismissed.

7. Legal Issues

  1. Ad Hoc Admission of Queen's Counsel
    • Outcome: The court held that the issues in the appeals were not sufficiently difficult or complex to warrant the admission of a Queen's Counsel.
    • Category: Procedural
    • Sub-Issues:
      • Difficulty and complexity of the case
      • Special qualifications or experience of the Queen's Counsel

8. Remedies Sought

  1. Ad Hoc Admission of Queen's Counsel

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Admissions
  • Queen's Counsel

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
RBG Resources plc v Banque Cantonale VaudoiseHigh CourtYes[2004] 3 SLR 421SingaporeCited for the trial judge's findings in favour of RBG.
Re Caplan Jonathan Michael QC (No 2)UnknownYes[1998] 1 SLR 440SingaporeCited for the three-stage test for admission under s 21(1) of the Legal Profession Act.
Price Arthur Leolin v A-G & OrsCourt of AppealYes[1992] 2 SLR 972SingaporeCited for the principles governing the exercise of discretion in admitting a Queen's Counsel.
Re Flint Charles John Raffles QCUnknownYes[2001] 2 SLR 276SingaporeCited to emphasize the maturity of the local Bar.
Re Howe Martin Russell Thomas QCUnknownYes[2001] 3 SLR 575SingaporeCited to clarify that the novelty of a statutory provision does not automatically warrant the admission of a Queen's Counsel.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Legal Profession Act (Cap 161, 2001 Rev Ed)Singapore
Sale of Goods Act (Cap 393, 1999 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Queen's Counsel
  • Ad hoc admission
  • Legal Profession Act
  • Difficulty and complexity
  • Ascertainment of goods
  • Section 20A Sale of Goods Act

15.2 Keywords

  • Queen's Counsel
  • ad hoc admission
  • Singapore High Court
  • Legal Profession Act
  • Civil Appeals

17. Areas of Law

Area NameRelevance Score
Ad Hoc Admission90
Ascertainment of goods50
Commercial Law40
Litigation30
Contract Law30
Bankruptcy10
Company Law10

16. Subjects

  • Legal Profession
  • Civil Procedure
  • Admissions