HG Metal Manufacturing Ltd v Gayathri Steels Pte Ltd: Representation of Company at Trial
In the High Court of Singapore, HG Metal Manufacturing Limited sued Gayathri Steels Pte Ltd, Vashiharan Navaratnam, and Sherine Sangeetha Navaratnam for the price of steel sold, with the latter two as guarantors. The court dismissed Gayathri Steels Pte Ltd's application to have Vashiharan Navaratnam represent it at trial, citing non-compliance with procedural rules and a potential conflict of interest. The court directed the defendants to obtain fresh trial dates and appoint new lawyers within a week.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for the second defendant to represent the first defendant (Gayathri Steels Pte Ltd) at trial was dismissed due to non-compliance with rules and potential conflict of interest.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| HG Metal Manufacturing Limited | Plaintiff, Defendant-in-Counterclaim | Corporation | Application by Defendant Dismissed | Neutral | Sim Kwan Kiat, Zhao Jiawei |
| Gayathri Steels Pte Ltd | Defendant, Plaintiff-in-Counterclaim | Corporation | Application Dismissed | Lost | |
| Vashiharan Navaratnam | Defendant | Individual | Application by Co-defendant Dismissed | Lost | |
| Sherine Sangeetha Navaratnam | Defendant | Individual | Application by Co-defendant Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sim Kwan Kiat | Rajah & Tann Singapore LLP |
| Zhao Jiawei | Rajah & Tann Singapore LLP |
4. Facts
- HG Metal Manufacturing Limited sued Gayathri Steels Pte Ltd for the price of steel.
- Vashiharan Navaratnam and Sherine Sangeetha Navaratnam are directors of Gayathri Steels Pte Ltd and guarantors of the transactions.
- The defendants' former counsel, Bernard & Rada Law Corporation, discharged themselves.
- The first defendant applied to have the second defendant represent it at trial.
- The second defendant is a guarantor for the first defendant.
- The second defendant is a majority shareholder and controlling director of the first defendant.
5. Formal Citations
- HG Metal Manufacturing Ltd v Gayathri Steels Pte Ltd and others, HC/Suit No 152 of 2015, [2016] SGHC 176
6. Timeline
| Date | Event |
|---|---|
| Suit filed (HC/Suit No 152 of 2015) | |
| Parties notified that trial dates were brought forward to end September 2016. | |
| Bernard & Rada Law Corporation obtained leave to be discharged from acting for the defendants. | |
| Judgment delivered | |
| Original trial date |
7. Legal Issues
- Representation of a Company by a Non-Lawyer
- Outcome: The court held that the application was defective due to non-compliance with the Rules of Court and a potential conflict of interest.
- Category: Procedural
- Sub-Issues:
- Compliance with Order 1 Rule 9 of the Rules of Court
- Potential conflict of interest
- Related Cases:
- [2015] 1 SLR 538
- [2015] 2 SLR 94
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Guarantee
10. Practice Areas
- Litigation
11. Industries
- Manufacturing
- Steel Industry
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Bulk Trading SA v Pevensey Pte Ltd and another | High Court | Yes | [2015] 1 SLR 538 | Singapore | Cited for the conditions to be imposed when allowing a non-lawyer officer of a company to represent the company in court. |
| Allergan, Inc and another v Ferlandz Nutra Pte Ltd | High Court | Yes | [2015] 2 SLR 94 | Singapore | Cited for the principle that procedural steps in Order 1 r 9 of the Rules of Court must be strictly complied with. |
13. Applicable Rules
| Rule Name |
|---|
| Order 1 r 9(2) of the Rules of Court |
| Order 1 r 9(3) of the Rules of Court |
| Order 1 r 9(4)(c) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Representation of company
- Rules of Court
- Conflict of interest
- Guarantor
- Affidavit
- Leave to be discharged
15.2 Keywords
- representation
- company
- trial
- rules of court
- conflict of interest
- singapore
16. Subjects
- Civil Procedure
- Company Law
17. Areas of Law
- Civil Procedure
- Representation of Companies