Bachmeer Capital v Ong Chih Ching: Video Link Evidence in International Commercial Dispute
In Bachmeer Capital Limited v Ong Chih Ching and others, the Singapore International Commercial Court addressed an application for two witnesses, Yang Xiao Ming and Lee Chee Kiat, to give evidence via video link from Shanghai, China. The KOP Defendants made the application, which Bachmeer Capital Limited opposed. The court, presided over by Vivian Ramsey IJ, dismissed the application for Lee Chee Kiat but allowed the application for Yang Xiao Ming to give evidence by video link. The decision was made in the context of a claim and counterclaim related to a Winterland project.
1. Case Overview
1.1 Court
SINGAPORE INTERNATIONAL COMMERCIAL court of the republic of singapore1.2 Outcome
Application allowed in part and dismissed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court addresses application for witnesses to give evidence by video link in a commercial dispute. The court allowed one witness to testify via video link.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| BACHMEER CAPITAL LIMITED | Plaintiff, Defendant in Counterclaim | Corporation | Application allowed in part and dismissed in part. | Partial | |
| ONG CHIH CHING | Defendant, Plaintiff in Counterclaim | Individual | Application allowed in part and dismissed in part. | Partial | |
| LENY SUPARMAN | Defendant | Individual | Application allowed in part and dismissed in part. | Partial | |
| DMITRIY SHPORT | Defendant | Individual | Application allowed in part and dismissed in part. | Partial | |
| KOP PROPERTIES PTE LTD | Defendant, Plaintiff in Counterclaim | Corporation | Application allowed in part and dismissed in part. | Partial | |
| KOP PROPERTIES SHANGHAI OPERATION AND MANAGEMENT PTE LTD | Defendant | Corporation | Application allowed in part and dismissed in part. | Partial | |
| KOP WINTERLAND PTE LTD | Defendant | Corporation | Application allowed in part and dismissed in part. | Partial | |
| KOP PROPERTIES (HK) LIMITED | Defendant, Defendant in Counterclaim | Corporation | Application allowed in part and dismissed in part. | Partial | |
| KOP MANAGEMENT SERVICES (SHANGHAI) CO., LTD | Defendant, Defendant in Counterclaim | Corporation | Application allowed in part and dismissed in part. | Partial | |
| WANG XUAN | Defendant in Counterclaim | Individual | Application allowed in part and dismissed in part. | Partial | |
| HU BINGXIN | Defendant in Counterclaim | Individual | Application allowed in part and dismissed in part. | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vivian Ramsey | International Judge | Yes |
4. Counsels
4. Facts
- The KOP Defendants applied for leave for two factual witnesses to give their oral evidence by way of live video link from Shanghai, China.
- The relevant witnesses were Yang Xiao Ming and Lee Chee Kiat.
- The Plaintiff objected to the evidence being given by video link.
- The court determined the application in respect of Mr Lee’s evidence without a hearing, dismissing that application.
- The court adjourned the application in respect of Chairman Yang’s evidence until the first day of the trial.
- The court ruled that Chairman Yang should give oral evidence by live video link from Shanghai, China during the trial.
5. Formal Citations
- Bachmeer Capital Limited v Ong Chih Ching and others, Suit No 2 of 2017 (Summons No 2 of 2018), [2018] SGHC(I) 01
6. Timeline
| Date | Event |
|---|---|
| Suit filed (Suit No 2 of 2017) | |
| Pre-trial Case Management Conference held | |
| Summons No 2 of 2018 filed | |
| Application in respect of Mr Lee’s evidence dismissed | |
| Trial began; application in respect of Chairman Yang’s evidence adjourned | |
| Second affidavit of Chairman Yang and sixth affidavit of Mr Pynn served | |
| Chairman Yang allowed to give oral evidence by live video link | |
| Mr Lee gave evidence in person | |
| Chairman Yang gave evidence by live video link | |
| Reasons for decision given |
7. Legal Issues
- Admissibility of Evidence via Video Link
- Outcome: The court granted the application for one witness to give evidence by video link but denied it for the other.
- Category: Procedural
- Related Cases:
- [1999] 3 SLR(R) 119
8. Remedies Sought
- Leave for witnesses to give evidence via video link
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
- International Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sonica Industries Ltd v Fu Yu Manufacturing Ltd | Court of Appeal | Yes | [1999] 3 SLR(R) 119 | Singapore | Cited for the approach to applications to give evidence by live video link under section 62A of the Evidence Act. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) s 62A | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) Order 109 r 6 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Video link
- Evidence
- Witness
- International Commercial Court
- Shanghai
- Singapore
- Evidence Act
- Live video link
15.2 Keywords
- Video Link
- Evidence
- Witness
- Singapore International Commercial Court
- International Dispute
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Evidence | 90 |
| Video Evidence | 70 |
| Witnesses | 60 |
| Civil Procedure | 50 |
| Commercial Disputes | 30 |
| Arbitration | 20 |
| Private International Law | 20 |
16. Subjects
- Civil Procedure
- Evidence
- Technology