VKC v VJZ: Anti-Suit Injunction & Exclusive Jurisdiction in Estate Dispute

In VKC v VJZ and VKA, the Singapore Court of Appeal dismissed VKC's appeal against the High Court's decision to grant an anti-suit injunction. The injunction restrains VKC from pursuing legal proceedings in Indonesia related to the administration of an estate. The court found the Indonesian proceedings to be vexatious and oppressive, as Singapore was the more appropriate forum for resolving the dispute. The judgment was delivered by Belinda Ang Saw Ean JAD on 29 July 2021.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore Court of Appeal dismissed an appeal, upholding an anti-suit injunction against VKC, preventing Indonesian proceedings due to vexatious conduct.

1.7 Decision Date

28 July 2021

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
VKC	Appellant	Individual	Appeal Dismissed	Lost	Leong Wen Jia Nicholas of ACIES Law Corporation Devinder Kumar s/o Ram Sakal Rai of ACIES Law Corporation
VJZ	Respondent	Individual	Anti-suit injunction upheld	Won	Afzal Ali of Allen & Gledhill LLP Ong Min-Tse Paul of Allen & Gledhill LLP Marrissa Miralini Karuna of Allen & Gledhill LLP
VKA	Respondent	Individual	Anti-suit injunction upheld	Won	Afzal Ali of Allen & Gledhill LLP Ong Min-Tse Paul of Allen & Gledhill LLP Marrissa Miralini Karuna of Allen & Gledhill LLP

3. Judges

Judge Name	Title	Delivered Judgment
Judith Prakash	Justice of the Court of Appeal	No
Belinda Ang Saw Ean	Justice of the Appellate Division	Yes

4. Counsels

Counsel Name	Organization
Leong Wen Jia Nicholas	ACIES Law Corporation
Devinder Kumar s/o Ram Sakal Rai	ACIES Law Corporation
Afzal Ali	Allen & Gledhill LLP
Ong Min-Tse Paul	Allen & Gledhill LLP
Marrissa Miralini Karuna	Allen & Gledhill LLP

4. Facts

The appellant was one of 15 beneficiaries of an estate.
The respondents were appointed as joint administrators of the estate.
A settlement agreement was reached among the beneficiaries in 2018.
The settlement agreement contained an exclusive jurisdiction clause for Singapore courts.
The appellant commenced proceedings in Indonesia regarding the administration of the estate.
The respondents sought an anti-suit injunction to restrain the Indonesian proceedings.
The appellant entered into a new Inheritance Right Settlement Agreement (IRSA) after commencing the Indonesian Proceedings.

5. Formal Citations

VKC v VJZ and another, Civil Appeal No 102 of 2020, [2021] SGCA 72

6. Timeline

Date	Event
2012-10-31	Deceased testator passed away
1995-11-24	Last will and testament dated
2018-02-01	Respondents appointed as joint and several administrators of the Estate
2018-04-16	Mediation commenced
2018-04-17	Mediation continued
2018-04-18	Settlement agreement executed
2018-04-25	Grant of Letters of Administration granted to the respondents
2018-07-26	Grant of Letters of Administration issued
2019-04-23	Originating Summons Probate No 3 of 2019 filed
2019-06-13	Notices published in two newspapers in Indonesia
2019-08-15	Indonesian Proceedings commenced
2019-12-11	Letter of request for international judicial assistance from the registrar for the Central Jakarta District Court for service of process dated
2019-12-13	Inheritance Right Settlement Agreement dated
2020-01-15	Summons 10 of 2020 filed
2020-02-07	Respondents provided with a letter of request for international judicial assistance
2020-03-19	Hearing scheduled in Indonesia
2020-03-24	Respondents filed application for an anti-suit injunction
2020-08-03	ORC 212/2020 made
2021-03-11	Appeal dismissed with costs
2021-07-29	Grounds of decision delivered

7. Legal Issues

Anti-Suit Injunction
- Outcome: The Court of Appeal upheld the grant of the anti-suit injunction, finding the Indonesian proceedings to be vexatious and oppressive.
- Category: Procedural
- Sub-Issues:
  - Vexatious or Oppressive Proceedings
  - Natural Forum
  - Juridical Advantage
Exclusive Jurisdiction Clause
- Outcome: The Court of Appeal disagreed with the High Court's reasoning that the respondents could enforce the exclusive jurisdiction clause as non-parties to the settlement agreement.
- Category: Substantive
- Sub-Issues:
  - Enforcement by Non-Parties
  - Interpretation of Contractual Terms
Natural Forum
- Outcome: The Court of Appeal found that Singapore was the more appropriate forum for resolving the dispute.
- Category: Jurisdictional
Vexatious or Oppressive Conduct
- Outcome: The Court of Appeal found that the appellant's conduct in litigating in Indonesia was vexatious and oppressive.
- Category: Substantive
- Sub-Issues:
  - Bad Faith
  - Hopeless Proceedings

8. Remedies Sought

Anti-Suit Injunction
Damages

9. Cause of Actions

Tort
Breach of Contract

10. Practice Areas

Commercial Litigation
Estate Administration
Cross-border Disputes

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
VJZ & another v VKB & others	High Court	Yes	[2020] SGHCF 11	Singapore	The High Court's decision to grant the anti-suit injunction was appealed. The Court of Appeal disagreed with the High Court's reasoning on the exclusive jurisdiction clause but upheld the injunction on other grounds.
Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd	N/A	Yes	[2019] 1 SLR 732	N/A	Cited for the factors to be considered when deciding whether to grant an anti-suit injunction on the ground that the foreign proceedings are otherwise vexatious or oppressive.
Koh Kay Yew v Inno-Pacific Holdings Ltd	N/A	Yes	[1997] 2 SLR(R) 148	N/A	Stressed that Singapore being the natural and proper forum is a necessary condition that must be satisfied before an anti-suit injunction can be granted.
Elektrim SA v Vivendi Holdings 1 Corporation	N/A	Yes	[2009] 2 All ER (Comm) 213	N/A	Cited for the principle that the inherent weakness of a claim sought to be pursued in foreign proceedings, when taken together with other factors, may be a relevant factor in considering whether the foreign proceedings are vexatious.
John Reginald Stott Kirkham and others v Trane US Inc and others	N/A	Yes	[2009] 4 SLR(R) 428	N/A	Cited for the situations that could amount to vexation or oppression in the context of anti-suit injunctions.
Fortress Value Recovery Fund I LLC v Blue Skye Special Opportunities Fund LP	N/A	Yes	[2013] 1 WLR 3466	N/A	Discusses the interpretation of Section 8(1) of the UK Contracts (Rights of Third Parties) Act 1999 in relation to arbitration clauses and third parties.
Nisshin Shipping Co Ltd v Cleaves & Co Ltd	N/A	Yes	[2003] EWHC 2602 (Comm)	N/A	Referenced in relation to the legislative history of Section 8 of the UK Contracts (Rights of Third Parties) Act 1999.
Hai Jiang 1401 Pte Ltd v Singapore Technologies Marine Ltd	N/A	Yes	[2020] 4 SLR 1014	N/A	Mentioned as another route whereby a non-party may seek to invoke the exercise of the court’s equitable jurisdiction.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Contracts (Rights of Third Parties) Act (Cap 53B, 2002 Rev Ed)	Singapore
Contracts (Rights of Third Parties) Act 1999 (c 31) (UK)	United Kingdom
Arbitration Act (Cap 10)	Singapore
International Arbitration Act (Cap 143A)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Anti-suit injunction
Exclusive jurisdiction clause
Settlement agreement
Estate administration
Vexatious proceedings
Oppressive proceedings
Natural forum
Inheritance Right Settlement Agreement
Beneficiary
Administrators
Good faith
Double actionability rule
Juridical advantage

15.2 Keywords

anti-suit injunction
exclusive jurisdiction
estate dispute
Singapore
Indonesian proceedings
vexatious
oppressive

17. Areas of Law

Area Name	Relevance Score
Anti-suit injunction	95
Injunctions	90
Vexatious and oppressive conduct	85
Civil Practice	75
Natural forum	70
Comity	50
Contract Law	40
Estoppel	30
Equity	20
Fiduciary Duty	20
Equitable Execution	10
Appointment of Receivers	10
Settlement	10
Prevention principle	10
Duty to cooperate	10
Repudiation of contract	10
Acceptance	10
Tomlin Orders	10
Personal Data Protection	10
Solicitor-client relationship	10
Nominal damages	10
Reasonable costs	10
Breach of Contractual Terms	10
Breach of Express Warranties	10
Exclusion Clauses	10
Directors' Fees	10
Sham Transactions	10
Procedural Law	10
Professional Conduct Rules	10
Option Clause	10
Disputed Debt	10
Triable Issues	10
Collateral Estoppel	10
Interpretation of Contracts	10
Economic Duress	10
Entire Agreement Clause	10
Writ of Seizure and Sale	10
Pre-incorporation acts	10
Tiered Dispute Resolution	10
Pre-action discovery	10
Collateral Contract	10
Sham Agreement	10
Execution Proceedings	10
Seizure of Assets	10
Leave to Appeal	10
Sheriff of Singapore	10
Non-disclosure	10
Offer and Acceptance	10
Repudiatory breach	10
Fiduciary relationships	10
Account	10
Particular causes of action	10
Transfer of appeal	10
Adducing fresh evidence	10
Trials	10
Meetings	10
Frustration of Contract	10
General Principles of Insurance	10
Video Link	10
Leave for review	10
Wrotham Park damages	10
Fair Hearing	10
Contracts for sale and supply of goods	10
Scope of submission	10
Arbitral procedure	10
Management contracts	10
Equitable Mortgage	10
Equitable Charge	10
Disciplinary Procedures	10
International Agreements	10
Charterhire	10
Lock-up Agreements	10
Champerty and maintenance	10
Cost-proofing	10
Winding Up Application	10
Satisfactory Quality	10
Public Nuisance	10
Dissolution	10
Appointment of receiver	10
Indian Law	10
Professional Remuneration	10
Unauthorised person acting as advocate or solicitor	10
Presumption of fact in loans of money	10
Joint Venture Law	10
Case Management Stay	10
Reef Damage	10
Environmental Damage	10
COVID-19 Measures	10
Management Council	10
Share Transfer Restrictions	10
IT Key Man Dependency	10
Striking out notice of appeal	10
Principle of approbation and reprobation	10
Domicile	10
International Family Law	10
Provocation	10
Best effort obligations	10
Obligations imposed	10
Bare right to litigate	10
Non-assignment clauses	10
Statement of Affairs	10
Bankruptcy Order	10
Declaration of Invalidity	10
Warrant of arrest	10
Effect of amendment of statement of claim on in rem writ and warrant of arrest	10
Prosecutorial Discretion	10
Non-acceptance of goods	10
Costs against non-party	10
Joint and several liability for costs	10
Actuarial Tables	10
Valuation Law	10
Contractual entitlements upon termination of employment	10
Presumed Resulting Trusts	10
Islamic Law	10
Housing Loans	10
Furniture Rebate Plan	10
Charterparties	10
Betting, Gaming and Lotteries	10
Leave	10
Rights Management Information	10
Parallel Imports	10
Illegal moneylending	10
Statutory illegality	10
Liquidators’ remuneration	10
Multi-tiered dispute resolution	10
Presumptions against gifts	10
Repudiation	10
Singapore International Arbitration Centre	10
Enforcement of Guarantee	10
Contracts procured by bribery	10
Shipbuilding Contracts	10
Joinder Applications	10
Derivative Arbitral Proceedings	10
Newton Hearing	10
Administration of Assets	10
Law of confidence	10
Duty of confidence	10
Attempt to Murder	10
Rectification	10
Conditions Precedent	10
Paramount Clause	10
Agarwood Investment	10
Conditional Stays	10
Unilateral Offer	10
Equitable Assignment	10
Estoppel by Convention	10
Annual Value	10
Standard of Review	10
Casino Management Contract	10
COVID-19 Pandemic	10
Commercial Tenancy	10
Sale of Property	10
Racking Systems	10
Pulmonary Fat Embolism	10
Lending and security	10
Stocks and shares	10
Share Subscription	10
Alteration of Charge	10
Criminal motions	10
Posthumous Admission	10
Service of document	10
Anton Piller Order	10
Procedural Breaches	10
Classification of scheme creditors	10
Bilateral Investment Treaties	10
Public Interest Immunity	10
Financial Relief	10
Criminal Breach of Trust	10
Women’s Charter	10
Prevention of Human Trafficking Act	10
Penal Code	10
Obstructing, preventing, perverting or defeating course of justice	10
Public Prosecutor	10
Consent of Public Prosecutor	10
Irregularities in proceedings	10
Defective consent of Public Prosecutor	10
Curative powers of court	10
Charge	10
Alteration	10
Share Acquisition Plan	10
Investment	10
Deed of Separation	10
Mutual Wills	10
Stakeholding	10
International Arbitration Law	10
Assessment	10
Remoteness	10
Functions of judge	10
Expert witnesses	10
Ad Hoc Arbitration Agreement	10
Forum election	10
Lis alibi pendens	10
Amendment	10
Non-joinder	10
Road Traffic Accidents	10
Accessory liability	10
Breach of Fiduciary Duty	10
Trusts — Constructive trusts	10
Trusts — Express trusts	10
Foreign Judgments	10
Registration of Foreign Judgments	10
Proprietary Injunction	10
Quistclose trust	10
Recipient liability	10

16. Subjects

Civil Procedure
Contract Law
Trusts
Estates
Conflict of Laws
Injunctions