Yap v Tan: Stay of Proceedings & Anti-Suit Injunction in Partnership Dispute
In Yap Shirley Kathreyn v Tan Peng Quee, the Singapore High Court heard an appeal against the Assistant Registrar's decision to grant a temporary stay of proceedings in Suit No 43 of 2010, pending the resolution of an action in the Malaysia courts. The plaintiff also applied for an anti-suit injunction to restrain the defendant from commencing any suit in Malaysia. Choo Han Teck J dismissed both the Stay Appeal and the Anti-Suit Injunction, citing forum non conveniens and the principles of international comity. The disputes concerned a partnership known as the Eres Tu No 2 Stable. The plaintiff's claim was for payment of RM543,660.00 and S$1,123,513.60 and an accounting of the monies earned by the ET 2 Partnership.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Stay Appeal and Anti-Suit Injunction dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court dismisses appeal for stay of proceedings and anti-suit injunction in a partnership dispute, citing forum non conveniens.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Yap Shirley Kathreyn | Plaintiff, Respondent | Individual | Appeal Dismissed, Anti-Suit Injunction Application Dismissed | Lost, Lost | Sankaran Karthikeyan, Bhargavan Sujatha |
| Tan Peng Quee | Defendant, Appellant | Individual | Stay of Proceedings Granted | Won | Deborah Barker, Ang Keng Ling |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sankaran Karthikeyan | Toh Tan LLP |
| Bhargavan Sujatha | Toh Tan LLP |
| Deborah Barker | Khattar Wong |
| Ang Keng Ling | Khattar Wong |
4. Facts
- The parties were partners in the Eres Tu No 2 Stable (ET 2 Partnership).
- The ET 2 Partnership was registered with the Malayan Racing Association (MRA).
- The plaintiff commenced proceedings in Singapore against the defendant seeking payment and an accounting of the monies earned by the ET 2 Partnership.
- The defendant commenced proceedings against the plaintiff in Kuala Lumpur High Court.
- The defendant applied for a stay of the Singapore proceedings based on forum non conveniens and lis alibi pendens.
- The Assistant Registrar granted a stay of proceedings pending the resolution of the suits in Malaysia.
5. Formal Citations
- Yap Shirley Kathreyn v Tan Peng Quee, Suit No 43 of 2010 (Registrar's Appeal No 242 of 2010) and (Summons No 804 of 2010), [2011] SGHC 5
6. Timeline
| Date | Event |
|---|---|
| Eres Tu No 2 Stable Partnership registered with the Malayan Racing Association | |
| Eres Tu No 2 Stable Partnership de-registered with the Malayan Racing Association | |
| Malcolm Thwaites commenced action against the plaintiff in Kuala Lumpur High Court | |
| Defendant sent the plaintiff a letter of demand | |
| Plaintiff commenced proceedings in Singapore against the defendant | |
| Defendant commenced proceedings against the plaintiff in Kuala Lumpur High Court | |
| Defendant filed an application in Singapore for a stay of proceedings | |
| Plaintiff filed the Anti-Suit Application | |
| Assistant Registrar heard the defendant’s application for a stay | |
| Stay Appeal and Anti-Suit Application dismissed |
7. Legal Issues
- Forum Non Conveniens
- Outcome: The court held that Malaysia was the more appropriate forum for the trial of the action.
- Category: Procedural
- Related Cases:
- [2010] 1 SLR 1192
- [1987] AC 460
- Lis Alibi Pendens
- Outcome: The court held that lis alibi pendens did not strictly apply because the parties and issues were not identical in both the Singapore and Malaysia suits.
- Category: Procedural
8. Remedies Sought
- Payment of Funds
- Accounting of Partnership Earnings
- Anti-Suit Injunction
9. Cause of Actions
- Accounting
- Breach of Partnership Agreement
10. Practice Areas
- Commercial Litigation
11. Industries
- Horse Racing
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chan Chin Cheung v Chan Fatt Cheung | Court of Appeal | Yes | [2010] 1 SLR 1192 | Singapore | Cited for the court's discretion to stay proceedings under s 18 of the Supreme Court of Judicature Act and the principles of forum non conveniens. |
| Spiliada Maritime Corporation v Cansulex Ltd | N/A | Yes | [1987] AC 460 | N/A | Cited for the principles of forum non conveniens, requiring the defendant to prove another available and more appropriate forum. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Forum Non Conveniens
- Lis Alibi Pendens
- Stay of Proceedings
- Anti-Suit Injunction
- Partnership
- Malayan Racing Association
15.2 Keywords
- Stay of Proceedings
- Anti-Suit Injunction
- Partnership Dispute
- Forum Non Conveniens
- Singapore High Court
16. Subjects
- Civil Procedure
- Partnership Dispute
- Forum Non Conveniens
17. Areas of Law
- Civil Procedure
- Conflict of Laws
- Partnership Law