SKP Pradiksi v Trisuryo Garuda: Forum Non Conveniens & Trust Recognition in Share Ownership Dispute
In SKP Pradiksi (North) Sdn Bhd and SKP Senabangun (South) Sdn Bhd v Trisuryo Garuda Nusa Pte Ltd, the Singapore High Court addressed the defendant's application to stay proceedings. The plaintiffs, Malaysian investment holding companies, claimed the defendant, a Singaporean investment holding company, held shares in Indonesian companies on trust for them. The defendant sought a stay, arguing Singapore was not the proper forum. Chua Lee Ming JC dismissed the stay application, finding that the plaintiffs' trust claim was unlikely to be recognized in Indonesia, constituting strong cause to deny the stay.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Application dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court addresses stay application in a share ownership dispute, focusing on trust recognition and forum non conveniens. The application was dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| SKP Pradiksi (North) Sdn Berhad | Plaintiff | Corporation | Application dismissed | Lost | Ling Daw Hoang Philip, Yap Jie Han |
| SKP Senabangun (South) Sdn Berhad | Plaintiff | Corporation | Application dismissed | Lost | Ling Daw Hoang Philip, Yap Jie Han |
| Trisuryo Garuda Nusa Pte Ltd | Defendant | Corporation | Application dismissed | Won | Chew Ming Hsien Rebecca, Chew Xiang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ling Daw Hoang Philip | Wong Tan & Molly Lim LLC |
| Yap Jie Han | Wong Tan & Molly Lim LLC |
| Chew Ming Hsien Rebecca | Rajah & Tann Singapore LLP |
| Chew Xiang | Rajah & Tann Singapore LLP |
4. Facts
- Plaintiffs claimed the defendant held shares in Indonesian companies on trust for them.
- The defendant applied to stay the proceedings, arguing Singapore was not the proper forum.
- The plaintiffs are Malaysian investment holding companies.
- The defendant is a Singaporean investment holding company.
- The shares in question represented 32% of the shareholdings in PTPG and PTSA respectively.
- The trust was allegedly evidenced by an email and a letter.
- The defendant denied holding the shares on trust and alleged the shares were compensation for assistance.
5. Formal Citations
- SKP Pradiksi (North) Sdn Bhd and another v Trisuryo Garuda Nusa Pte Ltd, Suit No 252 of 2016(Summons No 2020 of 2016), [2016] SGHC 200
6. Timeline
| Date | Event |
|---|---|
| Defendant incorporated as a special purpose vehicle. | |
| Shares Sale Purchase Deeds entered into between plaintiffs and defendant. | |
| Florence Tan removed as a director of the defendant. | |
| Suryo Tan became aware of the Letter. | |
| Hearing of the stay application. | |
| Judgment issued. |
7. Legal Issues
- Stay of Proceedings
- Outcome: The court dismissed the application for a stay of proceedings.
- Category: Procedural
- Sub-Issues:
- Exclusive jurisdiction clause
- Forum non conveniens
- Recognition of Trusts under Indonesian Law
- Outcome: The court found it questionable whether the plaintiffs would be able to bring their trust claim in Indonesia.
- Category: Substantive
- Sub-Issues:
- Beneficial ownership of shares
- Enforceability of trust agreements
8. Remedies Sought
- Return of Shares
9. Cause of Actions
- Breach of Trust
10. Practice Areas
- Commercial Litigation
11. Industries
- Investment Holding
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Golden Shore Transportation Pte Ltd v UCO Bank and another appeal | Singapore Court of Appeal | Yes | [2004] 1 SLR(R) 6 | Singapore | Cited for factors in determining whether there is strong cause not to grant a stay. |
| Amerco Timbers Pte Ltd v Chatsworth Timber Corp Pte Ltd | Unknown | Yes | [1977–1978] SLR(R) 112 | Singapore | Cited for factors in determining whether there is strong cause not to grant a stay. |
| CIMB Bank Bhd v Dresdner Kleinwort Ltd | Singapore Court of Appeal | Yes | [2008] 4 SLR(R) 543 | Singapore | Cited for the guiding principles in determining the question of forum non conveniens. |
| Spiliada Maritime Corporation v Consulex Ltd | House of Lords | Yes | [1987] AC 460 | England and Wales | Cited for the test to determine forum non conveniens. |
| Akers and others v Samba Financial Group | English Court of Appeal | Yes | [2015] 2 WLR 1281 | England and Wales | Cited regarding trust arrangements involving trust property situated in a foreign jurisdiction. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Law No 25 of 2007 | Indonesia |
15. Key Terms and Keywords
15.1 Key Terms
- Trust
- Shares
- Stay of proceedings
- Forum non conveniens
- Exclusive jurisdiction clause
- Beneficial ownership
- Investment holding company
- Special purpose vehicle
15.2 Keywords
- Trust
- Shares
- Stay of proceedings
- Forum non conveniens
- Jurisdiction
- Beneficial ownership
- Indonesia
- Singapore
16. Subjects
- Trusts
- Civil Procedure
- Conflict of Laws
- Share Ownership
17. Areas of Law
- Civil Procedure
- Conflict of Laws
- Trust Law