Shafeeg bin Salim Talib v Helmi bin Ali: Striking Out & Forum Non Conveniens
Shafeeg bin Salim Talib and another, as plaintiffs, sued Helmi bin Ali bin Salim bin Talib and others, as defendants, in the High Court of Singapore, seeking an account of monies due from Al Taleb to the estate of Obeidillah bin Salim bin Talib. The defendants applied to strike out the claim and stay the proceedings on the ground of forum non conveniens. The High Court allowed the defendants' appeal, finding that the plaintiffs lacked locus standi under Singapore law and that Egypt was the more appropriate forum.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding striking out a claim and staying proceedings based on forum non conveniens. The court allowed the appeal, finding Singapore an inappropriate forum.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Shafeeg bin Salim Talib | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | |
| Helmi bin Ali bin Salim bin Talib | Defendant, Respondent | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Philip Pillai | Judge | Yes |
4. Counsels
4. Facts
- The plaintiffs are the Singapore administrators of the estate of Obeidillah bin Salim bin Talib, who died intestate.
- The Deceased had assets in Singapore, Malaysia, and Egypt, including a share in an Egyptian civil property company, Al Taleb Al Akaria.
- The defendants are beneficiaries of the Deceased’s estate and former directors/managers of Al Taleb.
- The Cairo Court Order resulted in Al Taleb being placed under temporary receivership with a court-appointed receiver.
- The Singapore Grant obtained by the plaintiffs contains a schedule that lists the Al Taleb shares under "Property in respect of which the Grant is not to be made".
5. Formal Citations
- Shafeeg bin Salim Talib and another v Helmi bin Ali bin Salim bin Talib and others, Suit No 261 of 2010 (Registrar's Appeal No 80 of 2011 and Registrar's Appeal No 81 of 2011), [2011] SGHC 165
6. Timeline
| Date | Event |
|---|---|
| Obeidillah bin Salim bin Talib died intestate | |
| Inheritance Certificate issued by the Singapore Syariah Court | |
| Defendants appointed as directors/managers of Al Taleb | |
| Order of Court for Grant of Letters of Administration | |
| Defendants removed as directors/managers of Al Taleb pursuant to Cairo Court Order | |
| Plaintiffs' applications in Originating Summons No 1406 of 2008/P | |
| Suit No 261 of 2010/G converted from Originating Summons No 1406/2008/P | |
| Defendants' application to strike out the plaintiffs’ claim under O 18 r 19(1) of the ROC | |
| Defendants' application to stay Suit No 261 of 2010/G on the ground of forum non conveniens | |
| AR dismissed the striking out application | |
| AR dismissed the stay application | |
| Cairo court upheld the decision of the lower court to annul the defendants’ appointment as directors/managers of Al Taleb | |
| Judgment reserved |
7. Legal Issues
- Locus Standi
- Outcome: The court held that the plaintiffs, as administrators of the Deceased’s estate, do not have any right, title or interest in respect of the Deceased’s Al Taleb shares either by implication or by the express text of the Singapore Grant and therefore lack locus standi.
- Category: Procedural
- Forum Non Conveniens
- Outcome: The court held that the courts of Egypt are the more appropriate forum for hearing the dispute.
- Category: Jurisdictional
8. Remedies Sought
- Order for accounting of monies due
- Payment of monies due
- Production of audited accounts and documentary evidence
- Payment of costs
- Withholding payments to defendants
9. Cause of Actions
- Accounting for monies due
- Recovery of assets
10. Practice Areas
- Litigation
- Forum Non Conveniens
- Striking Out
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Alliance Entertainment Singapore Pte Ltd v Sim Kay Teck and Another | High Court | Yes | [2007] 2 SLR(R) 869 | Singapore | Cited for the principle that failure to establish title to commence legal action provides sufficient grounds for striking out. |
| Spiliada Maritime Corporation v Cansulex Ltd | House of Lords | Yes | [1987] AC 460 | England and Wales | Cited for the principles of forum non conveniens. |
| CIMB Bank Bhd v Dresdner Kleinwort Ltd | Court of Appeal | Yes | [2008] 4 SLR(R) 543 | Singapore | Cited for restating the principles of forum non conveniens as set out in Spiliada. |
| Rickshaw Investments Ltd v Nicolai Baron von Uexkull | High Court | Yes | [2007] 1 SLR(R) 377 | Singapore | Cited for the principle that the applicable law to the dispute is a relevant and significant connecting factor in determining forum non conveniens. |
| PT Hutan Domas Raya v Yue Xiu Enterprises (Holdings) Ltd and another | Court of Appeal | Yes | [2001] 1 SLR(R) 104 | Singapore | Cited for the second stage of the Spiliada test regarding circumstances where justice requires that a stay should nevertheless not be granted. |
| Oriental Insurance Co Ltd v Bhavani Stores Pte Ltd | Court of Appeal | No | [1997] 3 SLR(R) 363 | Singapore | Cited for the principle that a bare assertion of likely delay would not suffice to merit a stay of proceedings. |
| Zheng Yu Shan v Lian Beng Construction (1988) Pte Ltd | High Court | No | [2009] 2 SLR(R) 587 | Singapore | Cited for the principle that where there is any doubt as to the proper functioning of foreign judicial institutions, that doubt should be resolved against the plaintiffs who so assert. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| Estate Duty Act (Cap 96, 2005 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Al Taleb Al Akaria
- Singapore Grant
- Cairo Court Order
- Forum non conveniens
- Lex fori
- Locus standi
- Receiver
- Estate Duty Act
15.2 Keywords
- Striking out
- Forum non conveniens
- Estate administration
- Singapore
- Egypt
- Locus standi
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Estate Administration | 85 |
| Succession | 75 |
| Private International Law | 70 |
| Foreign Law | 60 |
| Asset Recovery | 40 |
| Trust Law | 30 |
| Property Law | 25 |
| Commercial Disputes | 20 |
| Company Law | 20 |
| Administrative Law | 15 |
| Arbitration | 10 |
16. Subjects
- Civil Procedure
- Conflict of Laws
- Estate Administration