PT Sariwiguna Binasentosa v Sindo Damai Shipping: Stay of Execution Pending Appeal

In a case before the High Court of Singapore, PT Sariwiguna Binasentosa sued Sindo Damai Shipping Pte Ltd for conversion and misdelivery of tin cargo. The court granted summary judgment to PT Sariwiguna Binasentosa. Sindo Damai Shipping applied for a stay of execution pending appeal, offering to pay the judgment sum plus interest into court. The court dismissed the application, finding no risk of dissipation of assets by PT Sariwiguna Binasentosa and no special circumstances warranting a stay.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court considered a stay of execution pending appeal where Sindo Damai Shipping offered to pay the judgment sum into court.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
PT Sariwiguna BinasentosaPlaintiffCorporationApplication dismissedLost
Sindo Damai Shipping Pte LtdDefendant, ApplicantCorporationApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Justin YeoAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Max LimRajah & Tann Singapore LLP
Leong Kah WahRajah & Tann Singapore LLP
Thomas TanHaridass Ho & Partners
Ernita OthmanHaridass Ho & Partners

4. Facts

  1. PT Sariwiguna Binasentosa sued Sindo Damai Shipping for conversion/misdelivery of tin cargo.
  2. The High Court granted summary judgment to PT Sariwiguna Binasentosa.
  3. Sindo Damai Shipping applied for a stay of execution pending appeal.
  4. Sindo Damai Shipping offered to pay the judgment sum plus interest into court.
  5. PT Sariwiguna Binasentosa was agreeable to fixing the winding up petition after the appeal.
  6. The court found no risk of dissipation of assets by PT Sariwiguna Binasentosa.

5. Formal Citations

  1. PT Sariwiguna Binasentosa v Sindo Damai Shipping Pte Ltd and others, High Court Suit 345 of 2015 (Summons No 3762 of 2015), [2015] SGHCR 20

6. Timeline

DateEvent
Writ of Summons and Statement of Claim filed
Defence and Counterclaim filed
Application for summary judgment filed
Summary judgment application heard
Notice of Appeal filed
Application seeking a stay of execution filed
Application heard
Application dismissed
Decision Date
Appeal fixed for hearing

7. Legal Issues

  1. Stay of Execution Pending Appeal
    • Outcome: The court dismissed the application for a stay of execution pending appeal.
    • Category: Procedural
    • Related Cases:
      • [2010] SGHC 174
      • [1990] 1 SLR(R) 772
      • [2001] SGHC 19
      • [2000] 1 SLR(R) 15
      • [2010] SGHC 269

8. Remedies Sought

  1. Monetary Damages
  2. Declaration of Indemnity

9. Cause of Actions

  • Conversion
  • Misdelivery
  • Detinue
  • Wrongful Interference

10. Practice Areas

  • Commercial Litigation
  • Shipping Litigation

11. Industries

  • Shipping
  • Mining

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Strandore Invest A/S and others v Soh Kim WatHigh CourtYes[2010] SGHC 174SingaporeCited for the principle that the court can consider the lack of merit in an appeal when deciding whether to grant a stay pending appeal.
Lee Kuan Yew v Jeyaretnam Joshua BenjaminN/ANo[1990] 1 SLR(R) 772SingaporeCited regarding the court's discretion to grant a stay pending appeal.
Denis Matthew Harte v Tan Hun Hoe and anotherHigh CourtNo[2001] SGHC 19SingaporeCited for principles regarding the risk of dissipation of assets by the judgment creditor and the difficulty of recovering a judgment debt in a foreign jurisdiction.
APL Co Pte Ltd v Voss PeerN/ANo[2002] 2 SLR(R) 1119SingaporeCited for the principle that a ship-owner should only deliver cargo against the presentation of a bill of lading.
Lian Soon Construction Pte Ltd v Guan Qian Realty Pte LtdN/ANo[1999] 1 SLR(R) 1053SingaporeCited for the principle that an appeal does not operate as a stay of execution.
Cathay Theatres Pte Ltd v LKM Investment Holdings Pte LtdN/ANo[2000] 1 SLR(R) 15SingaporeCited for the principle that special circumstances may warrant a stay of execution where a judgment creditor pursues a winding up of the judgment debtor.
The “Shen Ming Hong 7”High CourtNo[2010] SGHC 269SingaporeCited for the principle that a stay is only granted where the appeal, if successful, may be rendered nugatory in the circumstances.
PT Sariwiguna Binasentosa v Sindo Damai Shipping Ltd and othersHigh CourtNo[2015] SGHC 195SingaporeCited for a finding about the 1st Defendant’s dishonesty.
Rosengrens Ltd v Safe Deposit Centres LtdEnglish Court of AppealNo[1984] WLR 1334EnglandCited as an example of a situation in which the English courts have protected a judgment creditor by way of ordering the payment of the judgment sum into court.
Sunico v Commissioners for Her Majesty’s Revenue and CustomsEnglish Court of AppealNo[2014] EWCA Civ 1108EnglandCited as an example of a situation in which the English courts have protected a judgment creditor by way of ordering the payment of the judgment sum into court.

13. Applicable Rules

Rule Name
Order 45 Rule 11 of the Rules of Court
Order 56 Rule 1(4) of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Stay of Execution
  • Summary Judgment
  • Bill of Lading
  • Conversion
  • Misdelivery
  • Dissipation of Assets
  • Winding Up Petition

15.2 Keywords

  • Stay of Execution
  • Appeal
  • Shipping
  • Tin
  • Conversion
  • Misdelivery

17. Areas of Law

Area NameRelevance Score
Bills of Lading90
Bills of Lading Act90
Stay of Execution90
Appeal80
Summary Judgement80
Civil Procedure70
Misdelivery70
Shipping Law70
Shipping70
Litigation60
Conversion60
Detinue60
Bailment50
Breach of Contract40
Contract Law30
Liquidation30
Bankruptcy30
Performance of Contract30

16. Subjects

  • Civil Procedure
  • Shipping Law
  • Stay of Execution