Von Roll Asia v Goh Boon Gay: Striking Out Defence for Failure to Disclose Sales Invoices
In Suit No 58 of 2012, Von Roll Asia Pte Ltd sued Goh Boon Gay and others for conspiracy to defraud. The plaintiff applied to strike out the defences of the 2nd (Semi-Solution Inc (Asia) Pte Ltd) and 5th (Lim Keng Huat) defendants for failing to comply with discovery orders related to sales invoices. The High Court granted the plaintiff's application, striking out the defences of the 2nd and 5th defendants and entering judgment against them, finding that they failed to demonstrate reasonable efforts to comply with the discovery orders.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's application granted; defences of the 2nd and 5th defendants struck out; judgment entered against them.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Von Roll Asia sued Goh Boon Gay for conspiracy to defraud. The court struck out the defences of the 2nd and 5th defendants for failing to disclose sales invoices.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Von Roll Asia Pte Ltd | Plaintiff | Corporation | Application granted | Won | |
| Goh Boon Gay | Defendant | Individual | |||
| Semi-Solution Inc (Asia) Pte Ltd | Defendant | Corporation | Defence struck out | Lost | |
| Lim Keng Huat | Defendant | Individual | Defence struck out | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
4. Facts
- Plaintiff alleged conspiracy to defraud by the defendants.
- Plaintiff claimed deprivation of full profits due to defendants' actions.
- Court ordered discovery of sales invoices in Summons 1350.
- Defendants failed to provide Category A, B, and C sales invoices.
- Defendants claimed invoices were not in their possession, custody, or power.
- Court found defendants' explanation for non-production unconvincing.
- Court found that the 5th defendant had control over the 4th defendant.
5. Formal Citations
- Von Roll Asia Pte Ltd v Goh Boon Gay and others, Suit No 58 of 2012 (Summons No 4140 of 2014), [2015] SGHC 115
6. Timeline
| Date | Event |
|---|---|
| Suit No 58 of 2012 filed | |
| 5th defendant's affidavit affirmed | |
| Goh Siew Hoon's affidavit dated | |
| Goh Siew Hoon's affidavit dated | |
| Assistant registrar ordered discovery in Summons 1350 | |
| Justice Chan ruling passed | |
| Registrar’s Appeal No. 330 of 2013 dismissed | |
| Letter from 2nd and 5th defendants' solicitors to plaintiff's solicitors | |
| Letter from 2nd and 5th defendants' solicitors to plaintiff's solicitors | |
| 5th defendant's affidavit affirmed | |
| Tan Siew Gim’s affidavit affirmed | |
| 5th defendant’s affidavit affirmed | |
| Anna Ng’s affidavit dated | |
| 5th defendant stated that he checked once again whether any documents asked for would still be available | |
| Anna Ng’s affidavit on 6 November 2014 | |
| Judgment Date |
7. Legal Issues
- Failure to comply with discovery orders
- Outcome: The court found that the 2nd and 5th defendants failed to comply with the discovery orders and that their non-compliance was contumelious, justifying the striking out of their defences.
- Category: Procedural
- Sub-Issues:
- Non-production of sales invoices
- Contumelious breach of court orders
- Power to produce documents
- Outcome: The court held that the 2nd and 5th defendants had the power to produce the requested sales invoices, even if they were not in their direct possession or custody.
- Category: Procedural
- Sub-Issues:
- Possession, custody, or power over documents
- Enforceable legal right to obtain documents
8. Remedies Sought
- Striking out of defence
- Judgment against defendants
- Monetary damages
9. Cause of Actions
- Conspiracy to defraud
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wee Soon Kim Anthony v UBS AG | High Court | Yes | [2002] SGHC 206 | Singapore | Cited to support the principle that a party has the power to produce documents held by a bank, even if not in their physical possession. |
| Lonrho Ltd v Shell Petroleum Co Ltd | House of Lords | Yes | [1980] 1 WLR 627 | England and Wales | Cited for the definition of 'power' in the context of document discovery, specifically the 'presently enforceable legal right to obtain inspection'. |
| Lonrho Ltd v Shell Petroleum Ltd | English Court of Appeal | Yes | [1980] 1 QB 358 | England and Wales | Cited to support the principle that in the context of a parent and a subsidiary company it was always a question of fact as to whether the parent had power over the subsidiary. |
| B. v. B. (Matrimonial Proceedings: Discovery) | N/A | Yes | [1978] Fam. 181 | N/A | Cited as an example of a situation where a company is so utterly subservient to the will and the wishes of some other person that compliance with that other person's demands can be regarded as assured. |
| Mitora Pte Ltd v Agritrade International (Pte) Ltd | Court of Appeal | Yes | [2013] 3 SLR 1179 | Singapore | Cited for the principle that the power to strike out a defence can be invoked in cases involving an inexcusable breach of a significant procedural obligation and that the breach of an 'unless order' that compelled discovery would be susceptible to an order of striking out. |
| Alliance Management SA v Pendleton Lane P and another | N/A | Yes | [2008] 4 SLR(R) 1 | Singapore | Cited for the principle that in exercising its discretion under O 24 r 16 of the Rules of Court, the court had to weigh up all the facts and circumstances of the particular case and then balance the interests of the applicant against the interests of the defendants and interest of the public. |
| 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 principle that disobedience to a peremptory order would likely be held to be contumelious. |
| Changhe International Investments Pte Ltd (formerly known as Druidstone Pte Ltd) v Dexia BIL Asia Singapore Ltd (formerly known as Banque Internationale A Luxembourg BIL (Asia) Ltd) | Court of Appeal | Yes | [2005] 3 SLR(R) 344 | Singapore | Cited for the principle that in a case where a litigant’s first action had been struck out for failure to comply with a peremptory order, and he brought a second suit based on that same cause of action, the second suit might be struck out as being an abuse of the process of the court unless the litigant could give a proper explanation to establish that his failure to comply with the peremptory order was not contumelious. |
| In re Jokai Tea Holdings Ltd | N/A | Yes | [1992] 1 WLR 1196 | N/A | Cited for the principle that in cases in which the court has to decide what are the consequences of a failure to comply with an 'unless' order, the relevant question is whether such failure is intentional and contumelious. |
| Teeni Enterprise Pte Ltd v Singco Pte Ltd | High Court | Yes | [2008] SGHC 115 | Singapore | Cited for the principle that the court must balance the need to ensure compliance with court orders which are made to be adhered to and not ignored, and the need to ensure that a party would not be summarily deprived of its cause of action or have default judgment entered against it without any hearing of the merits especially when the non-compliance or breach, having regard to all the relevant circumstances, was not so serious or aggravating as to warrant such a severe consequence. |
| Kraze Entertainment (S) Pte Ltd v Marina Bay Sands Pte Ltd | N/A | Yes | [2014] 1 SLR 78 | Singapore | Cited for the principle that there could even be different degrees of contumelious behaviour. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
| Income Tax Act (Cap 134, 2014 Rev Ed) | Singapore |
| Legal Profession (Professional Conduct) Rules (Cap 161, R 1, 2010 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Discovery
- Sales invoices
- Possession, custody or power
- Peremptory order
- Contumelious
- Striking out
- Judgment
- A1 sales invoices
- B and C sales invoices
15.2 Keywords
- Discovery
- Sales Invoices
- Striking Out
- Singapore High Court
- Civil Litigation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Disclosure of documents | 90 |
| Civil Practice | 80 |
| Civil Litigation | 70 |
| Fraud and Deceit | 60 |
| Commercial Fraud | 60 |
| Commercial Disputes | 50 |
| Contempt of Court | 40 |
| Breach of Contract | 30 |
| Contract Law | 30 |
| Crossclaims | 30 |
| Estoppel | 20 |
16. Subjects
- Civil Procedure
- Discovery
- Compliance with Court Orders