Hong Hin Kit Edward v PT Nusautama: Abuse of Process, Conspiracy, and Rectification of Share Sale Agreement
In Hong Hin Kit Edward and another v PT Nusautama Medicalindo and another, the Singapore High Court heard a case involving claims of abuse of process, conspiracy, and rectification of a share sale agreement. The plaintiffs, Edward Hong and Albert Hong, sued PT Nusautama Medicalindo and Columbia Asia, alleging abuse of process in prior actions, conspiracy to injure, and seeking rectification of a share sale agreement. The court dismissed the appeal regarding the abuse of process and conspiracy claims and allowed the appeal regarding the rectification claim, finding that all claims should be determined within the prior actions.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal in RA 139 of 2010 was dismissed and the appeal in RA 142 of 2010 was allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Hongs sued PT Nusautama Medicalindo for abuse of process, conspiracy, and rectification of a share sale agreement. The court dismissed the abuse of process and conspiracy claims.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Hong Hin Kit Edward | Plaintiff | Individual | Appeal dismissed | Lost | Liew Teck Huat, Niru Pillai |
| Albert Hong | Plaintiff | Individual | Appeal dismissed | Lost | Liew Teck Huat, Niru Pillai |
| PT Nusautama Medicalindo | Defendant | Corporation | Appeal allowed | Won | Harish Kumar, Troy Yeo |
| Columbia Asia | Defendant | Corporation | Appeal allowed | Won | Harish Kumar, Troy Yeo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Liew Teck Huat | Global Law Alliance LLC |
| Niru Pillai | Global Law Alliance LLC |
| Harish Kumar | Rajah and Tann LLP |
| Troy Yeo | Troy Yeo & Co |
4. Facts
- The Hongs and Muliadi sold shares in Universal Medicare to Columbia Asia.
- The share sale agreement included clauses regarding liabilities of Universal and PTNM.
- Thermal Industries claimed PTNM owed it money for discharging PTNM's debt to MEC.
- The Defendants alleged the Hongs overpaid for the shares under the share sale agreement.
- The Hongs claimed the Third Party proceedings and Defendants' action were an abuse of process.
5. Formal Citations
- Hong Hin Kit Edward and another v PT Nusautama Medicalindo and another, Suit No 1059 of 2009 (Registrar's Appeal Nos 139 and 142 of 2010), [2010] SGHC 192
6. Timeline
| Date | Event |
|---|---|
| Hongs and Muliadi intended to sell 99% of Universal shares to Columbia Asia. | |
| Hongs and Muliadi agreed to sell shares to Columbia Asia for US $18,230,550.00. | |
| Sale completed. | |
| Deposit sum and balance purchase price paid out to the Hongs. | |
| Thermal Industries brought a claim against PTNM (Suit 861 of 2008). | |
| Thermal Industries brought another claim against PTNM (Suit 862 of 2008). | |
| Defendants commenced action against the Hongs (Suit 964 of 2009). | |
| Decision Date. |
7. Legal Issues
- Abuse of Process
- Outcome: The court dismissed the appeal regarding the abuse of process claim.
- Category: Substantive
- Conspiracy
- Outcome: The court dismissed the appeal regarding the conspiracy claim.
- Category: Substantive
- Rectification of Contract
- Outcome: The court allowed the appeal regarding the rectification claim, stating it should be determined in prior actions.
- Category: Substantive
8. Remedies Sought
- Declarations
- Injunctions
- Damages
- Rectification of Contract
9. Cause of Actions
- Abuse of Process
- Conspiracy
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| O 18 r 19 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Share Sale Agreement
- Liabilities
- Abuse of Process
- Rectification
- Indemnity
- Deposit Sum
- Balance Purchase Price
15.2 Keywords
- abuse of process
- conspiracy
- rectification
- share sale agreement
- contract law
- Singapore High Court
16. Subjects
- Contract Dispute
- Shareholder Dispute
- Abuse of Process
17. Areas of Law
- Civil Procedure
- Contract Law
- Tort Law