Arovin Ltd v Hadiran Sridjaja: Dispute over Pleadings and Requests for Further and Better Particulars
In Arovin Ltd and Vijay Goradia v Hadiran Sridjaja, the Singapore International Commercial Court addressed the plaintiffs' application for further and better particulars regarding the defendant's pleadings. The court, presided over by Vivian Ramsey IJ, ordered the defendant to provide particulars of the gist of what was stated by the relevant parties in giving rise to alleged oral understandings or agreements, finding that this information was necessary for the plaintiffs to properly prepare their case. The court also made orders regarding costs.
1. Case Overview
1.1 Court
SINGAPORE INTERNATIONAL COMMERCIAL COURT1.2 Outcome
Order for Defendant to provide further and better particulars of the Defence.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Singapore International Commercial Court addressed a dispute over pleadings, ordering the defendant to provide further particulars regarding alleged oral agreements.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Arovin Ltd | Plaintiff | Corporation | Application granted | Won | |
| Vijay Goradia | Plaintiff | Individual | Application granted | Won | |
| Hadiran Sridjaja | Defendant | Individual | Order to provide further and better particulars | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vivian Ramsey | International Judge | Yes |
4. Counsels
4. Facts
- The plaintiffs sought further and better particulars regarding pleaded understandings or agreements.
- The requests related to the manner in which the understandings or agreements arose.
- The defendant stated that the understandings pleaded in the defence were express understandings or an express agreement.
- The plaintiffs sought particulars of what was stated by the relevant parties in giving rise to the alleged understandings or agreement.
- The court considered whether the defendant should provide answers to the plaintiffs’ requests for particulars of what was stated by the relevant parties.
- The court ordered that particulars should be given of the gist of what was stated by the relevant persons in giving rise to the understanding or the agreement.
5. Formal Citations
- Arovin Ltd and another v Hadiran Sridjaja, , [2018] SGHC(I) 09
6. Timeline
| Date | Event |
|---|---|
| Hearing date | |
| Hearing date | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Requests for Further and Better Particulars
- Outcome: The court ordered the defendant to provide further and better particulars of the gist of what was stated by the relevant parties in giving rise to the alleged understandings or agreement.
- Category: Procedural
- Sub-Issues:
- Sufficiency of Particulars
- Materiality of Conversation
- Related Cases:
- [1992] 2 SLR(R) 452
- [1991] 1 SLR(R) 196
- [1991] 3 MLJ 12
- (1893) 9 TLR 318
- [1971] RPC 351
- [2002] SGHC 280
- (1879) 48 L.J.Q.B. 703
- (1879) 40 LT 543
8. Remedies Sought
- Further and better particulars
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wright Norman v Overseas-Chinese Banking | N/A | Yes | [1992] 2 SLR(R) 452 | Singapore | Cited regarding the impermissibility of using requests for particulars to obtain evidence. |
| Wright v Times Business Publications | N/A | Yes | [1991] 1 SLR(R) 196 | Singapore | Cited regarding the impermissibility of using requests for particulars to obtain evidence. |
| Wright v Times Business Publications | N/A | Yes | [1991] 3 MLJ 12 | N/A | Cited regarding the impermissibility of using requests for particulars to obtain evidence. |
| Temperton v Russell | N/A | Yes | (1893) 9 TLR 318 | N/A | Cited regarding the impermissibility of using requests for particulars to obtain evidence. |
| General Electric v Simplex | N/A | Yes | [1971] RPC 351 | N/A | Cited regarding the impermissibility of using requests for particulars to obtain evidence. |
| In the matter of Surge Electrical Engineering and Powertec Engineers | High Court of Singapore | Yes | [2002] SGHC 280 | Singapore | Cited for the principle that particulars will be ordered whenever the applicant cannot tell what is going to be proved against him at trial. |
| Turquand v. Fearon | N/A | Yes | (1879) 48 L.J.Q.B. 703 | N/A | Cited for the principle that a pleading regarding an agreement should state the date, parties, and whether it was oral or written, and the relevant terms. |
| Turquand v Fearon | N/A | Yes | (1879) 40 LT 543 | N/A | Cited for the principle that an agreement is an inference of law from facts, and the material facts must be stated. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Further and better particulars
- Pleadings
- Understandings
- Agreements
- Gist of what was stated
- Material facts
15.2 Keywords
- pleadings
- particulars
- civil procedure
- singapore
- commercial court
- oral agreement
17. Areas of Law
16. Subjects
- Civil Procedure
- Law of Evidence