PT Bumi v Man B&W: Solicitors' Undertakings & Security for Costs in Foreign Plaintiff Cases
In PT Bumi International Tankers v Man B&W Diesel S E Asia Pte Ltd, the High Court of Singapore heard an appeal by the defendants, Man B&W Diesel S E Asia Pte Ltd and Mirrlees Blackstone (S.E Asia) Pte Ltd, against an order discharging undertakings given by the plaintiff's solicitors for security for costs. The High Court allowed the appeal, holding that the solicitors were bound by the terms of their undertakings until the amount stated was paid or the defendants' costs were covered.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed. The assistant registrar’s orders were set aside.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the discharge of solicitors' undertakings for security for costs. The court held the solicitors to the terms of their undertakings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| PT Bumi International Tankers | Plaintiff | Corporation | Appeal Dismissed | Lost | |
| Man B&W Diesel S E Asia Pte Ltd | Defendant, Appellant | Corporation | Appeal Allowed | Won | |
| Mirrlees Blackstone (S.E Asia) Pte Ltd | Defendant, Appellant | Corporation | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Philip Tay | Rajah and Tann |
| Charles Lin | Donaldson and Burkinshaw |
4. Facts
- The plaintiffs were ordered to provide security for costs as foreign plaintiffs.
- The plaintiffs' solicitors provided security via undertakings.
- The plaintiffs succeeded at trial.
- The defendants appealed the trial judgment.
- The plaintiffs applied to be released from their undertakings.
- The assistant registrar discharged the undertakings.
- The defendants appealed the discharge of undertakings.
5. Formal Citations
- PT Bumi International Tankers v Man B&W Diesel S E Asia Pte Ltd and Another (No 2), Suit 149/2001, RA 367/2003, [2004] SGHC 99
6. Timeline
| Date | Event |
|---|---|
| Suit filed (Suit 149/2001) | |
| Court ordered plaintiffs to provide security for the defendants’ costs. | |
| Plaintiffs’ solicitors provided undertaking for security for costs. | |
| Plaintiffs’ solicitors provided undertaking for security for costs. | |
| Judgment handed down in favour of the plaintiffs. | |
| Plaintiffs applied to be released from their undertakings. | |
| Appeal against assistant registrar’s orders dismissed. | |
| Defendants notified that the court would hear further arguments. | |
| Parties appeared and made further arguments. | |
| Submissions filed. | |
| Registrar’s appeal allowed and the assistant registrar’s orders were set aside. | |
| Decision Date |
7. Legal Issues
- Security for Costs
- Outcome: The court held that the solicitors' undertakings were binding and should not have been discharged.
- Category: Procedural
- Sub-Issues:
- Discharge of Undertakings
- Enforcement of Undertakings
- Related Cases:
- (1893) 69 LT 297
- [1920] P 1
- [1998] EWCA Civ 1232; [1998] EGCS 119
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Hawkins Hill Consolidated Gold Mining Company Limited v Want, Johnson, and Co | N/A | Yes | (1893) 69 LT 297 | N/A | Cited for the principle that undertakings are serious assertions and would be strictly enforced. |
| The Bernisse and the Elve | English Court of Appeal | No | [1920] P 1 | England | Cited regarding security for costs pending appeal, but distinguished as not applicable to cases with specific undertakings. |
| Eagleview Ltd v Worthgate Ltd | N/A | No | [1998] EWCA Civ 1232; [1998] EGCS 119 | N/A | Cited for the proposition that an order by the court in respect of payment out of security for costs is an exercise of judicial discretion, but distinguished as not applicable to cases with specific undertakings. |
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
- Security for costs
- Solicitors’ undertakings
- Foreign plaintiff
- Discharge of undertakings
- Costs
- Undertaking
15.2 Keywords
- security for costs
- solicitors undertakings
- foreign plaintiff
- singapore
- civil procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Solicitors' Undertakings | 90 |
| Costs | 80 |
| Civil Practice | 75 |
| Contract Law | 30 |
| Summary Judgement | 25 |
16. Subjects
- Civil Procedure
- Costs
- Security for Costs
- Solicitors' Undertakings