Alternative Advisors Investments v Asidokona Mining Resources: Striking Out & Disclosure
Alternative Advisors Investments Pte Ltd and Supreme Star Investments Ltd, the plaintiffs, sued Asidokona Mining Resources Pte Ltd and Soh Sai Kiang, the defendants, in the High Court of Singapore, seeking to recover outstanding principal and interest under a loan agreement. The defendants obtained an order for specific discovery of documents, which the plaintiffs allegedly failed to comply with, leading to an 'unless' order and the striking out of the plaintiffs' claim. Choo Han Teck J allowed the appeal, setting aside the 'unless' order.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiffs' claim was struck out for failing to comply with a discovery order. The High Court allowed the appeal, setting aside the 'unless' order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Alternative Advisors Investments Pte Ltd | Plaintiff, Appellant | Corporation | Appeal allowed | Won | Narayanan Sreenivasan SC, Muralli Rajaram, Kyle Gabriel Peters |
| Supreme Star Investments Ltd | Plaintiff | Corporation | Claim struck off | Lost | Narayanan Sreenivasan SC, Muralli Rajaram, Kyle Gabriel Peters |
| Asidokona Mining Resources Pte Ltd | Defendant, Respondent | Corporation | Appeal dismissed | Lost | Prakash P Mulani, Ruelia Rufus |
| Soh Sai Kiang | Defendant, Respondent | Individual | Appeal dismissed | Lost | Prakash P Mulani, Ruelia Rufus |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Narayanan Sreenivasan SC | K&L Gates Straits Law LLC |
| Muralli Rajaram | K&L Gates Straits Law LLC |
| Kyle Gabriel Peters | K&L Gates Straits Law LLC |
| Prakash P Mulani | M & A Law Corporation |
| Ruelia Rufus | M & A Law Corporation |
4. Facts
- Plaintiffs allege the second plaintiff lent the first defendant S$2m under a loan agreement.
- The second defendant is the sole shareholder and director of the first defendant and guarantor of the loan.
- The plaintiffs were ordered to provide specific discovery of documents relating to the source of the loan monies.
- The plaintiffs claimed half the loan came from Mr. Wong and half from a Hong Kong investor.
- The assistant registrar issued an 'unless' order for failure to comply with the discovery order.
- The first plaintiff appealed the 'unless' order.
5. Formal Citations
- Alternative Advisors Investments Pte Ltd and anothervAsidokona Mining Resources Pte Ltd and another, Suit No 734 of 2018, [2020] SGHC 125
6. Timeline
| Date | Event |
|---|---|
| Alleged Loan Agreement dated | |
| Suit filed (Suit No 734 of 2018) | |
| Assistant registrar ordered the plaintiffs to file an affidavit | |
| Plaintiffs to write to JLC Advisors to produce bank statements | |
| Plaintiffs to file an affidavit exhibiting letter and response from JLC Advisors | |
| Assistant registrar directed the plaintiffs to comply with either of two options | |
| Assistant registrar directed that unless the order of 17 March 2020 is complied with by 7 April 2020, the plaintiffs’ claim would be struck out | |
| Deadline to comply with order of 17 March 2020 | |
| Plaintiffs’ solicitor discharged | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Compliance with Discovery Order
- Outcome: The court found that the 'unless' order was not justified given the circumstances.
- Category: Procedural
8. Remedies Sought
- Recovery of outstanding principal and interest
- Delivery up of shares
9. Cause of Actions
- Breach of Contract
- Recovery of debt
10. Practice Areas
- Litigation
11. Industries
- Mining
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Loan agreement
- Personal guarantee
- Deed of charge
- Specific discovery
- Unless order
- Affidavit
15.2 Keywords
- Striking out
- Disclosure
- Discovery order
- Appeal
- Loan agreement
16. Subjects
- Civil Procedure
- Discovery
- Appeals
17. Areas of Law
- Civil Procedure
- Striking out
- Disclosure of documents