Mitora Pte Ltd v Agritrade International: Striking Out of Statement of Claim for Breach of Unless Orders
Mitora Pte Ltd, a Singaporean company, appealed against the High Court's decision to strike out its Statement of Claim due to breaches of two 'unless orders' related to document discovery in a suit against Agritrade International (Pte) Ltd. The dispute arose from a debt assigned to Mitora by Senamas Far East Inc, related to a consultancy agreement. The Court of Appeal allowed the appeal, finding that Agritrade's late objection regarding the adequacy of bank passbooks was an abuse of process and that striking out the claim was disproportionate.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning the striking out of Mitora Pte Ltd's claim due to breaches of 'unless orders' regarding document discovery. The Court of Appeal allowed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Mitora Pte Ltd | Appellant | Corporation | Appeal allowed | Won | Peter Madhavan, Walter Ferix Justine |
| Agritrade International (Pte) Ltd | Respondent | Corporation | Appeal dismissed | Lost | Kelly Yap, Morgan Chng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| V K Rajah | Justice of the Court of Appeal | No |
| Tan Lee Meng | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Peter Madhavan | Joseph Tan Jude Benny LLP |
| Walter Ferix Justine | Joseph Tan Jude Benny LLP |
| Kelly Yap | Oon & Bazul LLP |
| Morgan Chng | Oon & Bazul LLP |
4. Facts
- Mitora Pte Ltd was assigned a debt from Senamas Far East Inc against Agritrade International (Pte) Ltd.
- Mitora Pte Ltd commenced an action against Agritrade International (Pte) Ltd to recover the debt.
- Agritrade International (Pte) Ltd applied for discovery of documents from Mitora Pte Ltd.
- Mitora Pte Ltd failed to comply with the initial discovery order, leading to 'unless orders'.
- Mitora Pte Ltd filed supplementary lists of documents, but compliance was deemed incomplete.
- Agritrade International (Pte) Ltd applied to strike out Mitora Pte Ltd's Statement of Claim.
- The Judge granted two adjournments for Mitora Pte Ltd to file all necessary documents.
- Agritrade International (Pte) Ltd raised a new objection regarding the adequacy of bank passbooks as monthly bank statements at the third hearing.
- The Judge dismissed Mitora Pte Ltd's appeals against the striking out order.
5. Formal Citations
- Mitora Pte Ltd v Agritrade International (Pte) Ltd, Civil Appeal Nos 85 and 86 of 2012, [2013] SGCA 38
6. Timeline
| Date | Event |
|---|---|
| Consultancy agreement between Agritrade International (Pte) Ltd and Senamas Far East Inc signed. | |
| Deed of Assignment entered into between Senamas Far East Inc and Mitora Pte Ltd. | |
| Action commenced by Mitora Pte Ltd. | |
| First List of Documents and Affidavit filed by Mitora Pte Ltd. | |
| Application for discovery filed by Agritrade International (Pte) Ltd. | |
| Application for discovery granted; Mitora Pte Ltd ordered to file Supplementary List of Documents. | |
| First Unless Order granted, requiring compliance with the 26 May 2011 Order by 20 June 2011. | |
| First Supplementary List of Documents filed by Mitora Pte Ltd. | |
| Second Unless Order granted, granting a final extension of time to 4 July 2011. | |
| Second Supplementary List of Documents filed by Mitora Pte Ltd. | |
| Third Supplementary List of Documents filed by Mitora Pte Ltd. | |
| Fourth Supplementary List of Documents filed by Mitora Pte Ltd. | |
| Judgment given in favor of Agritrade International (Pte) Ltd; Mitora Pte Ltd's application dismissed and Agritrade International (Pte) Ltd's application granted. | |
| Mitora Pte Ltd filed three Notices of Appeal. | |
| First hearing before the Judge. | |
| Affidavit filed by Mitora Pte Ltd containing Senamas' income tax statements. | |
| Resumed hearing. | |
| Second adjournment granted. | |
| Judge granted Mitora Pte Ltd’s application to withdraw RA 321/2011 and dismissed RA 322/2011 and RA 323/2011. | |
| Appeals heard. | |
| Appeal allowed. |
7. Legal Issues
- Breach of 'Unless Orders'
- Outcome: The Court of Appeal found that the striking out of the Statement of Claim was disproportionate.
- Category: Procedural
- Sub-Issues:
- Incomplete disclosure
- Inadequate disclosure
- Related Cases:
- [2012] SGHC 178
- [1992] 1 WLR 1196
- [1999] 1 SLR(R) 361
- [2008] SGHC 115
- [1997] 1 WLR 1666
- [2007] 1 WLR 1864
- Abuse of Process
- Outcome: The Court of Appeal held that the late employment of the inadequate disclosure objection functioned as an ambush on the Appellant and was an abuse of process.
- Category: Procedural
- Sub-Issues:
- Belated objection
- Volte-face
- Related Cases:
- (1843) 3 Hare 100; 67 ER 313
- [2002] 2 AC 1
- [1982] AC 529
- [2001] 1 SLR(R) 771
- [2009] 1 SLR(R) 875
- [2006] 2 SLR(R) 565
- [2007] 1 SLR(R) 453
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Debt Recovery
10. Practice Areas
- Commercial Litigation
11. Industries
- Consultancy
- Coal Trading
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mitora Pte Ltd v Agritrade International (Pte) Ltd | High Court | Yes | [2012] SGHC 178 | Singapore | Cited as the decision being appealed from. |
| Henderson v Henderson | N/A | Yes | (1843) 3 Hare 100; 67 ER 313 | England and Wales | Cited for the principle that parties must bring their whole case forward during litigation. |
| Johnson v Gore Wood & Co (a firm) | Court of Appeal | Yes | [2002] 2 AC 1 | England and Wales | Cited as an example of the doctrine of res judicata in English law. |
| Hunter v Chief Constable of the West Midlands Police and others | House of Lords | Yes | [1982] AC 529 | England and Wales | Cited as an example of the doctrine of res judicata in English law. |
| Lee Hiok Tng and another v Lee Hiok Tng | Court of Appeal | Yes | [2001] 1 SLR(R) 771 | Singapore | Cited for acknowledging the doctrine of res judicata in Singapore law. |
| Lee Tat Development Pte Ltd v Management Corporation Strata Title Plan No 301 | Court of Appeal | Yes | [2009] 1 SLR(R) 875 | Singapore | Cited for acknowledging the doctrine of res judicata in Singapore law. |
| Lai Swee Lin Linda v Attorney-General | N/A | Yes | [2006] 2 SLR(R) 565 | Singapore | Cited for applying the doctrine of res judicata. |
| Goh Nellie v Goh Lian Teck and others | N/A | Yes | [2007] 1 SLR(R) 453 | Singapore | Cited for the considerations in determining abuse of process. |
| Chun Thong Ping v Soh Kok Hong and another | N/A | Yes | [2003] 3 SLR(R) 204 | Singapore | Cited regarding new causes of action in appeals. |
| Lee Hsien Loong v Review Publishing Co Ltd and another and another suit | N/A | Yes | [2009] 1 SLR(R) 177 | Singapore | Cited for affirming Chun Thong Ping. |
| Review Publishing Co Ltd and another v Lee Hsien Loong and another appeal | Court of Appeal | Yes | [2010] 1 SLR 52 | Singapore | Cited for upholding Lee Hsien Loong v Review Publishing Co Ltd. |
| In re Jokai Tea Holdings | N/A | Yes | [1992] 1 WLR 1196 | England and Wales | Cited for the test of whether failure to comply with an 'unless' order is intentional and contumelious. |
| Syed Mohamed Abdul Muthaliff and another v Arjan Bhisham Chotrani | Court of Appeal | Yes | [1999] 1 SLR(R) 361 | Singapore | Cited for affirming the 'intentional and contumelious' test and emphasizing judicial discretion in granting extensions of time. |
| Teeni Enterprise Pte Ltd v Singco Pte Ltd | High Court | Yes | [2008] SGHC 115 | Singapore | Cited for balancing compliance with court orders and avoiding summary deprivation of a cause of action. |
| Wellmix Organics (International) Pte Ltd v Lau Yu Man | N/A | Yes | [2006] 2 SLR 117 | Singapore | Cited for balancing compliance with court orders and avoiding summary deprivation of a cause of action. |
| Hytec Information Systems Ltd v Coventry City Council | N/A | Yes | [1997] 1 WLR 1666 | England and Wales | Cited for the need to balance the interests of justice with procedural inefficiencies. |
| Marcan Shipping (London) Ltd v Kefalas | N/A | Yes | [2007] 1 WLR 1864 | England and Wales | Cited for the practical approach to be taken by courts regarding 'unless orders'. |
| In re Coles and Ravenshear | N/A | Yes | [1907] 1 KB 1 | England and Wales | Cited for the principle that rules of practice should serve justice, not cause injustice. |
| Husband’s of Marchwood Ltd v Drummond Walker Developments Ltd | N/A | Yes | [1975] 1 WLR 603 | England and Wales | Cited as an example of alternative means of penalising breaches of court orders. |
| Manilal and Sons (Pte) Ltd v Bhupendra K J Shan (trading as JB International) | N/A | Yes | [1989] 2 SLR(R) 603 | Singapore | Cited for the court's power to strike out an action for failure to make discovery of documents. |
| Tan Kok Ing v Ang Boon Aik and Others | High Court | Yes | [2002] SGHC 215 | Singapore | Cited for the court's power to strike out an action for failure to make discovery of documents. |
| Lee Chang-Rung and others v Standard Chartered Bank | N/A | Yes | [2011] 1 SLR 337 | Singapore | Cited for upholding the striking out of an action for failure to comply with an 'unless order'. |
| Commonwealth Bank of Australia v Quade | High Court | Yes | (1991) 178 CLR 134 | Australia | Cited for the principle that incomplete discovery is a ground for ordering a new trial. |
13. Applicable Rules
| Rule Name |
|---|
| O 14 of the Rules of Court |
| O 24 r 16(1) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Unless order
- Discovery
- Abuse of process
- Statement of claim
- Supplementary list of documents
- Bank passbooks
- Monthly bank statements
- Inadequate disclosure
- Incomplete disclosure
- Res judicata
- Contumelious conduct
- Proportionality
15.2 Keywords
- Unless order
- Discovery
- Striking out
- Abuse of process
- Civil procedure
- Singapore
- Contract
- Debt
16. Subjects
- Civil Procedure
- Discovery
- Abuse of Process
- Contract Law
17. Areas of Law
- Civil Procedure
- Discovery
- Abuse of Process