Tecnomar v SBM Offshore: Service Out of Jurisdiction & Material Non-Disclosure
In Tecnomar & Associates Pte Ltd v SBM Offshore N V, the Singapore High Court heard an appeal regarding the setting aside of an ex parte order allowing service of process on the defendant, SBM Offshore N V, out of jurisdiction. The plaintiff, Tecnomar & Associates Pte Ltd, claimed breach of contract for services rendered. The court dismissed the appeal, agreeing with the assistant registrar's findings of material non-disclosure in the plaintiff's ex parte application and that the plaintiff did not have a good arguable case under Order 11 of the Rules of Court.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case regarding service of process out of jurisdiction and material non-disclosure in a breach of contract claim. Appeal dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tecnomar & Associates Pte Ltd | Plaintiff, Appellant | Corporation | Appeal Dismissed | Lost | Peter Gabriel, Nandwani Manoj Prakash, Henry Li-Zheng Setiono, Selina Naidu |
| SBM Offshore N V | Defendant, Respondent | Corporation | Appeal Dismissed | Won | Kenneth Tan SC, Loh Wai Yue, Alankriti Sethi, Chan Zijian Boaz |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Peter Gabriel | Gabriel Law Corporation |
| Nandwani Manoj Prakash | Gabriel Law Corporation |
| Henry Li-Zheng Setiono | Gabriel Law Corporation |
| Selina Naidu | Gabriel Law Corporation |
| Kenneth Tan SC | Kenneth Tan Partnership |
| Loh Wai Yue | Incisive Law LLC |
| Alankriti Sethi | Incisive Law LLC |
| Chan Zijian Boaz | Incisive Law LLC |
4. Facts
- Plaintiff applied ex parte and obtained leave to serve process on the defendant out of jurisdiction.
- Defendant successfully applied to set aside the ex parte order allowing service.
- The AR found material non-disclosure in the plaintiff’s ex parte application.
- The AR found the plaintiff did not have a good arguable case under Order 11 of the ROC.
- Plaintiff's claim against the defendant was for breach of contract for services rendered to the Yetagun FSO.
- Plaintiff claimed a contract between it and the defendant had been formed by an exchange of correspondence.
- Defendant denied the existence of any contract between it and the plaintiff, stating that South East Shipping Co Ltd (SES) had contracted with the plaintiff.
5. Formal Citations
- Tecnomar & Associates Pte Ltd v SBM Offshore N V, Suit No 897 of 2019 (Registrar’s Appeal No 166 of 2020), [2020] SGHC 249
6. Timeline
| Date | Event |
|---|---|
| Plaintiff sent 10 April Quote | |
| Defendant sent 17 April Email | |
| Plaintiff obtained leave of court | |
| Plaintiff effected service on the defendant in the Netherlands | |
| Defendant entered appearance | |
| Plaintiff amended its Statement of Claim | |
| Plaintiff commenced arbitration against both the defendant and SES | |
| Solicitors for the defendant and SES replied | |
| Plaintiff's solicitors conveyed that the plaintiff would not be proceeding with the arbitration | |
| Plaintiff commenced action against the defendant alone | |
| Judgment delivered | |
| Judgment date |
7. Legal Issues
- Service Out of Jurisdiction
- Outcome: The court found that the plaintiff did not have a good arguable case for service of process out of jurisdiction.
- Category: Procedural
- Sub-Issues:
- Material non-disclosure
- Good arguable case
- Material Non-Disclosure
- Outcome: The court agreed with the AR that there had been material non-disclosure which warranted setting aside the ex parte order and the consequent service of process.
- Category: Procedural
- Breach of Contract
- Outcome: The court found that the plaintiff did not have a good arguable case that a contract existed between the plaintiff and the defendant.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Shipping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Shanghai Turbo Enterprises Ltd v Liu Ming | Court of Appeal | Yes | [2019] 1 SLR 779 | Singapore | Cited for the definition of 'good arguable case' in the context of an application for leave to serve process out of jurisdiction and the obligation to make full and frank disclosure on an ex parte application. |
| Vinmar Overseas (Singapore) Pte Ltd v PTT International Trading Pte Ltd | Court of Appeal | Yes | [2018] 2 SLR 1271 | Singapore | Cited for the definition of 'good arguable case' and the court's approach to reviewing facts to determine if a good arguable case exists. |
| Zoom Communications Ltd v Broadcast Solutions Pte Ltd | Court of Appeal | Yes | [2014] 4 SLR 500 | Singapore | Cited regarding the test of materiality in cases of non-disclosure and the court's discretion to set aside an ex parte order. |
| The Vasiliy Golovnin | Court of Appeal | Yes | [2008] 4 SLR(R) 994 | Singapore | Cited regarding the duty of an applicant to disclose all material facts, including those prejudicial to their case, in an ex parte application. |
| Tay Long Kee Impex Pte Ltd v Tan Beng Huwah (trading as Sin Kwang Wah) | Court of Appeal | Yes | [2000] 1 SLR(R) 786 | Singapore | Cited regarding the court's discretion to set aside an ex parte order in cases of material non-disclosure and the factors influencing that discretion. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court | Singapore |
| International Arbitration Act (Cap 143A, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Service out of jurisdiction
- Material non-disclosure
- Good arguable case
- Ex parte order
- Yetagun FSO
- 10 April Quote
- 17 April Email
- South East Shipping Co Ltd (SES)
- Purchase Order (PO)
- PO General T&C
15.2 Keywords
- Service out of jurisdiction
- Material non-disclosure
- Breach of contract
- Singapore High Court
- Civil procedure
16. Subjects
- Civil Procedure
- Contract Law
- International Law
17. Areas of Law
- Civil Procedure
- Service Out of Jurisdiction
- Contract Law