PSONS Ltd v UPF Holding Pte Ltd: Application to Appeal Mareva Injunction Decision

PSONS Ltd, a mining company, applied for leave to appeal the High Court's decision to set aside a Mareva injunction against UPF Holding Pte Ltd and others, a trading company. The High Court dismissed the application, finding that PSONS Ltd likely had knowledge of the unscrupulous activities it accused UPF Holding of, related to a failed mining license agreement in Laos. The court held that PSONS Ltd's conduct bore an immediate and necessary relation to the equity sued for, precluding it from equitable relief.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's application for leave to appeal dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application for leave to appeal the setting aside of a Mareva injunction. The court found PSONS Ltd likely knew of UPF Holding's unscrupulous activities.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
PSONS LtdPlaintiff, ApplicantCorporationApplication for leave to appeal dismissedLost
UPF Holding Pte LtdDefendant, RespondentCorporationMareva injunction set asideWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Pradeep PillaiShook Lin & Bok LLP
Ng WenlingShook Lin & Bok LLP
P PadmanTan Kok Quan Partnership
Aaron WhamTan Kok Quan Partnership

4. Facts

  1. Plaintiff and first defendant signed a Memorandum of Understanding for the first defendant to obtain a mining license for the plaintiff in Laos.
  2. Plaintiff paid approximately US$841,350 to the first defendant.
  3. The mining license was never obtained.
  4. Plaintiff commenced Suit No 750 of 2013 pleading breach of contract and the tort of deceit.
  5. The court found the plaintiff was implicated in the wrongdoings it accused the defendants of.
  6. The first defendant had no experience in the mining industry.
  7. The plaintiff continued dealing with the first defendant despite discovering the latter had committed forgery of an official document.

5. Formal Citations

  1. PSONS Ltd v UPF Holding Pte Ltd and others, Suit No 750 of 2013 (Summons No 1727 of 2014), [2014] SGHC 93

6. Timeline

DateEvent
Mareva injunction granted pursuant to Summons No 4333 of 2013.
Plaintiff commenced Suit No 750 of 2013 in the High Court.
Parties appeared before the court.
Defendants’ application to set aside a mareva injunction allowed.
Parties heard on the plaintiff's application for leave to appeal.
Plaintiff’s application for leave to appeal dismissed.

7. Legal Issues

  1. Clean Hands Doctrine
    • Outcome: The court found that the plaintiff's conduct bore an immediate and necessary relation to the equity sued for, precluding it from equitable relief.
    • Category: Substantive
    • Sub-Issues:
      • Nexus between conduct and equity sought
    • Related Cases:
      • [2007] 1 SLR(R) 292
      • [1775-1802] All ER Rep 140

8. Remedies Sought

  1. Mareva Injunction
  2. Monetary Damages

9. Cause of Actions

  • Breach of Contract
  • Tort of Deceit

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Mining
  • Wood and Pulp

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hong Leong Singapore Finance Ltd v United Overseas Bank LtdHigh CourtYes[2007] 1 SLR(R) 292SingaporeCited for the principle that the clean hands doctrine does not require the plaintiff to be blameless in all ways.
Dering v Earl of WinchelseaN/AYes[1775-1802] All ER Rep 140N/ACited for the principle that the conduct complained of must have an immediate and necessary relation to the equity sued for.

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

  • Mareva Injunction
  • Clean Hands Doctrine
  • Mining License
  • Memorandum of Understanding
  • Unscrupulous Activities

15.2 Keywords

  • Mareva Injunction
  • Clean Hands Doctrine
  • Mining License
  • Breach of Contract
  • Tort of Deceit

17. Areas of Law

Area NameRelevance Score
Clean Hands Doctrine90
Fraud and Deceit80
Injunctions75
Contract Law60
Misrepresentation50
Estoppel30
Corporate Law20

16. Subjects

  • Civil Litigation
  • Injunctions
  • Contract Law