NK Mulsan Co Ltd v INTL Asia Pte Ltd: Stay of Execution Application
NK Mulsan Co Ltd (“NKM”) sued INTL Asia Pte Ltd (“INTL”) in the High Court of Singapore for the return of US$3 million under a Deposit Agreement. INTL resisted, alleging NKM hadn't fulfilled obligations and sought to retain the deposit based on a counterclaim. The court granted summary judgment to NKM for US$1,646,860. INTL applied for a stay of execution pending appeal, which was dismissed. The court found no special circumstances to warrant a stay, emphasizing that the mere fact that NKM was a foreign litigant was insufficient.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Stay application dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for stay of execution pending appeal. The court dismissed the stay application, finding no special circumstances to warrant it.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| NK Mulsan Co Ltd | Plaintiff | Corporation | Summary judgment granted, Stay application dismissed | Won, Won | Suresh Divyanathan, Leong Yu Chong Aaron |
| INTL Asia Pte Ltd | Defendant | Corporation | Summary judgment against, Stay application dismissed | Lost, Lost | Tan Thye Hoe Timothy, Shakti Sadashiv |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Suresh Divyanathan | Oon & Bazul LLP |
| Leong Yu Chong Aaron | Oon & Bazul LLP |
| Tan Thye Hoe Timothy | AsiaLegal LLC |
| Shakti Sadashiv | AsiaLegal LLC |
4. Facts
- NKM sued INTL for the return of US$3 million under a Deposit Agreement.
- INTL resisted the claim, alleging NKM had not performed its obligations.
- INTL sought to retain the deposit based on an intended counterclaim.
- The court granted summary judgment to NKM for US$1,646,860.
- INTL applied for a stay of execution pending appeal.
- INTL offered to provide security for the sums awarded pending appeal.
5. Formal Citations
- NK Mulsan Co Ltd v INTL Asia Pte Ltd, Suit No 139 of 2018, [2018] SGHC 242
6. Timeline
| Date | Event |
|---|---|
| Deposit Agreement signed | |
| Summary judgment granted in favor of NKM | |
| Stay application dismissed | |
| Judgment issued |
7. Legal Issues
- Stay of Execution
- Outcome: The court dismissed the stay application, finding no special circumstances to warrant it.
- Category: Procedural
- Related Cases:
- [1999] 1 SLR(R) 1053
- [2010] SGHC 174
- [2001] SGHC 19
- [2016] 3 SLR 887
- [2017] 4 SLR 26
- [2015] SGHCR 20
- [2017] 2 SLR 12
8. Remedies Sought
- Return of Deposit
- Stay of Execution
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lian Soon Construction Pte Ltd v Guan Qian Realty Pte Ltd | High Court | Yes | [1999] 1 SLR(R) 1053 | Singapore | Cited for the principles applicable to an application for a stay of execution. |
| Strandore Invest A/S and others v Soh Kim Wat | High Court | Yes | [2010] SGHC 174 | Singapore | Cited for the principles applicable to an application for a stay of execution, including the court's discretion, the balance between a successful litigant's rights and the appellant's right to appeal, and the requirement for special circumstances. |
| Denis Matthew Harte v Dr Tan Hun Hoe & Another | High Court | Yes | [2001] SGHC 19 | Singapore | Cited regarding the relevance of the merits of the appeal and the fact that a successful litigant is outside Singapore as special circumstances for granting a stay. |
| Viet Hai Petroleum Corp v Ng Jun Quan | High Court | Yes | [2016] 3 SLR 887 | Singapore | Cited for the principle that the fact that a judgment creditor is a foreign entity is not a special circumstance warranting a stay. |
| Telemedia Pacific Group Ltd and another v Yuanta Asset Management International Ltd and another | Singapore International Commercial Court | Yes | [2017] 4 SLR 26 | Singapore | Cited for reiterating the principle that the fact that a judgment creditor is a foreign entity is not a special circumstance warranting a stay, but the combination of non-residence and the absence of any reciprocal enforcement regime may amount to special circumstances. |
| PT Sariwiguna Binasentosa v Sindo Damai Shipping Pte Ltd and others | Singapore High Court Registrar's Appeal | Yes | [2015] SGHCR 20 | Singapore | Cited regarding whether a stay of execution pending appeal should be granted where the defendant was willing to pay the judgment sum plus interest into court pending the appeal. |
| Turf Club Auto Emporium Pte Ltd and others v Yeo Boong Hua and others | High Court | Yes | [2017] 2 SLR 12 | Singapore | Cited for granting a stay of execution pending an appeal to the Court of Appeal where the appellants had offered to make payment of a sum awarded by the court below to the respondents either into court or to the solicitors of the respondents to be held by them as security for the sum awarded pending the outcome of the appeals. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of execution
- Deposit Agreement
- Summary judgment
- Special circumstances
- Counterclaim
- Fruits of litigation
- Nugatory appeal
15.2 Keywords
- Stay of execution
- summary judgment
- appeal
- civil procedure
- contract
16. Subjects
- Civil Procedure
- Contract Law
17. Areas of Law
- Civil Procedure
- Stay of Execution