Sun Jin Engineering v Hwang Jae Woo: Forum Non Conveniens & Stay of Proceedings

In Sun Jin Engineering Pte Ltd v Hwang Jae Woo, the Singapore High Court dismissed Sun Jin Engineering's appeal against the Assistant Registrar's decision to stay proceedings in Singapore on the ground of forum non conveniens, favoring litigation in the Maldives. The case involved a claim by Sun Jin Engineering against Hwang Jae Woo for breach of duty, alleging unauthorized payments made by Hwang while seconded to Sun Jin Engineering (M) Sdn Bhd in the Maldives. The court found that the Maldives had more connecting factors to the dispute, including the location of key witnesses and the performance of the contract, making it the more appropriate forum.

1. Case Overview

1.1 Court

High Court

1.2 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 stayed proceedings in favor of the Maldives, finding it a more appropriate forum to litigate breach of duty claims.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Sun Jin Engineering Pte LtdPlaintiff, AppellantCorporationAppeal DismissedLost
A Rajandran of A Rajandran
Hwang Jae WooDefendant, RespondentIndividualStay of Proceedings GrantedWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
A RajandranA Rajandran
Haresh KamdarKhattarWong

4. Facts

  1. Sun Jin Engineering sued Hwang Jae Woo for breach of duty.
  2. Hwang Jae Woo was allegedly an employee of Sun Jin Engineering seconded to Sun Jin Engineering (M) Sdn Bhd.
  3. The alleged breaches occurred in the Maldives.
  4. Sun Jin Engineering claimed losses due to payments authorized by Hwang Jae Woo.
  5. Hwang Jae Woo applied for a stay of proceedings in favor of the Maldives.
  6. Hwang Jae Woo was working for Sun Jin Engineering (M) Sdn Bhd in the Maldives.

5. Formal Citations

  1. Sun Jin Engineering Pte Ltd v Hwang Jae Woo, Suit No 379 of 2009 (Registrar's Appeal No 340 of 2009), [2010] SGHC 111

6. Timeline

DateEvent
Writ served on Hwang Jae Woo in Singapore
Hwang Jae Woo's appearance filed
Hwang Jae Woo's defence due
Hwang Jae Woo's solicitors sought extension for filing defence
Sun Jin Engineering's solicitors gave 48 hours' notice to file defence
Hwang Jae Woo's solicitors sought further extension to file defence
Hwang Jae Woo's solicitors confirmed extension to file defence to June 5, 2009
Hwang Jae Woo's defence filed
Sun Jin Engineering filed reply
Hwang Jae Woo filed amended defence
Hwang Jae Woo filed stay application
Assistant Registrar decided to stay proceedings
Plaintiff's submissions
Aishath's last opinion
Decision Date

7. Legal Issues

  1. Forum Non Conveniens
    • Outcome: The court held that the Maldives was the more appropriate forum for the litigation.
    • Category: Procedural
    • Sub-Issues:
      • Delay in application for stay
      • Prejudice to plaintiff
  2. Breach of Duty
    • Outcome: The court did not make a ruling on the merits of the breach of duty claim, as the proceedings were stayed.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Duty

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Engineering
  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chan Chin Cheung v Chan Fatt Cheung and othersCourt of AppealYes[2009] SGCA 62SingaporeCited for the principle that filing a defence does not preclude a defendant from applying for a stay on the ground of forum non conveniens if there is no prejudice to the appellant which cannot be compensated by costs.
The “Tokai Maru”N/AYes1998 2 SLR(R) 646N/ACited regarding the principle that a party should not be precluded from presenting his case unless there was prejudice which could not be compensated by costs.
Spiliada Maritime Corporation v Cansulex LtdN/AYes[1987] 1 AC 460N/ACited for the principle that the most appropriate forum is that with which the dispute has the most real and substantial connection.
PT Hutan Domas Raya v Yue Xiu Enterprises (Holdings) LtdN/AYes[2001] 1 SLR(R) 104N/ACited for the application of the Spiliada test in determining the appropriate forum.
Good Earth Agricultural Co Ltd v Novus International Pte LtdCourt of AppealYes[2008] 2 SLR(R) 711SingaporeCited for the factors relevant at the first stage of the Spiliada test.
Koh Kay Yew v Inno-Pacific Holdings Pte LtdCourt of AppealYes[1997] 2 SLR(R) 148SingaporeCited to support the assertion that the Maldives was the natural forum for the resolution of the disputes.
Peters Roger May v Pinder Lillian Gek LianN/AYes[2006] 2 SLR(R) 381N/ACited for the principle that a court has to take into account an entire multitude of factors in balancing the competing interests when determining which forum is more appropriate.
The Hung Vuong-2N/AYes[2000] 2 SLR(R) 11N/ACited for the importance of international comity and that it is not for the courts in Singapore to pass judgment on the competence or independence of the judiciary of another country.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Forum Non Conveniens
  • Stay of Proceedings
  • Breach of Duty
  • Connecting Factors
  • Maldives
  • Employment Contract
  • Authority
  • Prejudice

15.2 Keywords

  • Forum Non Conveniens
  • Stay of Proceedings
  • Breach of Duty
  • Singapore
  • Maldives

17. Areas of Law

Area NameRelevance Score
Forum Non Conveniens80
Jurisdiction70
Contract Law50
Agency Law30
Arbitration20
Employment Law20

16. Subjects

  • Civil Procedure
  • Conflict of Laws
  • Forum Non Conveniens