Pilkadaris Terry v Asian Tour: Interim Injunction for Restraint of Trade

Pilkadaris Terry and other professional golfers sued Asian Tour (Tournament Players Division) Pte Ltd in the High Court of Singapore, seeking an interim injunction to prevent the defendant from barring them from playing in golf tournaments. The plaintiffs claimed that regulation 1.10 of the ATL Members Handbook 2010 was in unreasonable restraint of trade. Choo Han Teck J dismissed the applications, finding that the suit was filed against the wrong party and the plaintiffs' arguments were unconvincing.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Applications dismissed, with costs in the cause.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court dismissed an application for an interim injunction, finding the suit was filed against the wrong party and the plaintiffs' arguments unconvincing.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Pilkadaris TerryPlaintiffIndividualApplications dismissedLost
Asian Tour (Tournament Players Division) Pte LtdDefendantCorporationApplications dismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Christopher Anand DanielAdvocatus Law LLP
Ganga AvadiarAdvocatus Law LLP
Simon YuenLegal Clinic LLC

4. Facts

  1. The plaintiffs are professional golfers and members of Asian Tour Limited (ATL).
  2. The defendant is a wholly-owned subsidiary of ATL.
  3. The plaintiffs were fined and barred from ATL tournaments for playing in non-sanctioned tournaments.
  4. The plaintiffs claim regulation 1.10 of the ATL Members Handbook 2010 is an unreasonable restraint of trade.
  5. The plaintiffs appealed the penalties to the appellate board, which upheld most of them.
  6. The plaintiffs renewed their annual membership this year.

5. Formal Citations

  1. Pilkadaris Terry and others v Asian Tour (Tournament Players Division) Pte Ltd and another suit, Suit No 551 of 2010 (Summons No 3510 of 2010) and Suit No 624 of 2010 (Summons No 3887 of 2010), [2010] SGHC 294

6. Timeline

DateEvent
Judgment issued
ATL Members Handbook 2010 published
Plaintiffs fined for playing in non-sanctioned tournaments
Plaintiffs appealed to the appellate board

7. Legal Issues

  1. Restraint of Trade
    • Outcome: The court did not decide whether the bye-law in question was unreasonable.
    • Category: Substantive
  2. Interim Injunction
    • Outcome: The court dismissed the application for an interim injunction.
    • Category: Procedural

8. Remedies Sought

  1. Interim Injunction
  2. Declaration that regulation 1.10 is null and void

9. Cause of Actions

  • Unreasonable Restraint of Trade

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Sports

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Interim Injunction
  • Restraint of Trade
  • Asian Tour Limited
  • ATL Members Handbook
  • Non-sanctioned tournaments
  • Bye-laws

15.2 Keywords

  • Interim Injunction
  • Restraint of Trade
  • Golf
  • Asian Tour
  • Tournament
  • Bye-laws

17. Areas of Law

Area NameRelevance Score
Restraint of Trade85
Contract Law60
Litigation50
Sports Law40
Association Law35
Arbitration30
Administrative Law20

16. Subjects

  • Restraint of Trade
  • Injunctions
  • Sports Law