Energy & Commodity Pte Ltd v BTS Tankers: Appeal on Contempt of Court and Striking Out Defenses
Energy & Commodity Pte Ltd, Vu Xuan Thu, D&N Trading & Consultancy Limited, and Dinh Thi Hoang Uyen appealed a High Court decision to the Court of Appeal of the Republic of Singapore. The High Court had found the appellants in civil contempt for failing to comply with disclosure orders and struck out their defenses in a suit brought by BTS Tankers Pte Ltd. The Court of Appeal, comprising Andrew Phang Boon Leong JCA and Tay Yong Kwang JCA, dismissed the appeal, upholding the original orders for contempt and striking out the defenses due to the appellants' egregious conduct and repeated breaches of court orders.
1. Case Overview
1.1 Court
Court of Appeal 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
Appeal regarding contempt of court and striking out defenses for failure to comply with disclosure orders. Appeal dismissed; prior orders upheld.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Energy & Commodity Pte Ltd | Appellant, Defendant | Corporation | Appeal Dismissed | Lost | Lim Chee San |
| Vu Xuan Thu | Appellant, Defendant | Individual | Appeal Dismissed | Lost | Lim Chee San |
| D&N Trading & Consultancy Limited | Appellant, Defendant | Corporation | Appeal Dismissed | Lost | Lim Chee San |
| Dinh Thi Hoang Uyen | Appellant, Defendant | Individual | Appeal Dismissed | Lost | Lim Chee San |
| BTS Tankers Pte Ltd | Respondent, Plaintiff | Corporation | Appeal Dismissed | Won | Yap Yin Soon, Dorcas Seah Yi Hui |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Chee San | TanLim Partnership |
| Yap Yin Soon | Allen & Gledhill LLP |
| Dorcas Seah Yi Hui | Allen & Gledhill LLP |
4. Facts
- The respondent alleged the appellants smuggled oil into Vietnam using the respondent's vessel.
- Vietnamese authorities caught the relevant persons and detained the vessel for three years.
- The appellants failed to comply with numerous court orders for disclosure.
- The second appellant claimed to have lost passwords to email addresses and discarded his phone.
- The second appellant sold his shares in TUTP Pte Ltd to his wife during the suit.
- The couple claimed to be impecunious but were spending over S$25,000 a month.
- Bank statements showed up to US$250m flowing through the appellants' bank accounts.
5. Formal Citations
- Energy & Commodity Pte Ltd and others v BTS Tankers Pte Ltd, Civil Appeal No 187 of 2020, [2021] SGCA 76
- BTS Tankers Pte Ltd v Energy & Commodity Pte Ltd and others, , [2021] SGHC 58
6. Timeline
| Date | Event |
|---|---|
| Suit 844 commenced by BTS Tankers Pte Ltd against the appellants. | |
| Second appellant filed a list of documents disclosing five items. | |
| Second appellant filed a supplemental list of documents disclosing 27 items. | |
| Second appellant filed a second supplemental list of documents disclosing another five items. | |
| Judge made two orders: Committal Order and Unless Order. | |
| Judgment entered in favor of the respondent after breach of the Unless Order. | |
| Hearing date. | |
| Decision date. |
7. Legal Issues
- Civil Contempt
- Outcome: The court found that the second and fourth appellants were in contempt of court for breaching the Committal Order and the Unless Order.
- Category: Substantive
- Sub-Issues:
- Breach of court orders
- Intentional disobedience
- Failure to comply with discovery obligations
- Related Cases:
- [2016] 3 SLR 1
- Striking Out
- Outcome: The court upheld the decision to strike out the appellants' defenses due to their intentional breaches of court orders.
- Category: Procedural
- Sub-Issues:
- Breach of 'unless order'
- Intentional and contumelious conduct
- Proportionality of sanction
- Related Cases:
- [2013] 3 SLR 1179
8. Remedies Sought
- Committal to Prison
- Striking Out of Defence
9. Cause of Actions
- Breach of Court Order
- Civil Contempt
10. Practice Areas
- Civil Litigation
11. Industries
- Shipping
- Commodities Trading
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| BTS Tankers Pte Ltd v Energy & Commodity Pte Ltd and others | High Court | Yes | [2021] SGHC 58 | Singapore | The appeal was against the decision of the High Court judge. |
| Mok Kah Hong v Zheng Zhuan Yao | Court of Appeal | Yes | [2016] 3 SLR 1 | Singapore | Cited for the principle that bald assertions are insufficient to excuse breaches of court orders and guidance on sentencing for contempt. |
| BOI v BOJ | Court of Appeal | Yes | [2018] 2 SLR 1156 | Singapore | Cited regarding allegations of apparent bias. |
| Lee Shieh-Peen Clement and another v Ho Chin Nguang and others | Court of Appeal | Yes | [2010] 4 SLR 801 | Singapore | Cited for the purpose of an Order 52 statement. |
| Syarikat M Mohamed v Mahindapal Singh | Malaysian High Court | Yes | [1991] 2 MLJ 112 | Malaysia | Cited for the purpose of an Order 52 statement. |
| Mitora Pte Ltd v Agritrade International (Pte) Ltd | Court of Appeal | Yes | [2013] 3 SLR 1179 | Singapore | Cited for criteria for striking out pleadings for breach of an 'unless order'. |
| In re Jokai Tea Holdings Ltd | Unknown | Yes | [1992] 1 WLR 1196 | England | Cited for the principle that the court should not be astute to find excuses for failure to comply with an 'unless' order. |
| Syed Mohamed Abdul Muthaliff v Arjan Bhisham Chotrani | Court of Appeal | Yes | [1999] 1 SLR(R) 361 | Singapore | Cited for judicial discretion to grant extensions of time. |
| Teeni Enterprise Pte Ltd v Singco Pte Ltd | High Court | Yes | [2008] SGHC 115 | Singapore | Cited for the need to balance compliance with court orders and the need to ensure a party is not summarily deprived of its cause of action. |
| Hytec Information Systems Ltd v Coventry City Council | Unknown | Yes | [1997] 1 WLR 1666 | England | Cited for the test of intentional disregard of a court's peremptory order. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Civil Contempt
- Unless Order
- Committal Order
- Mareva Order
- Discovery Obligations
- Disclosure
- Contumelious Conduct
- Proportionality
- Breach of Court Order
15.2 Keywords
- Contempt of Court
- Civil Procedure
- Striking Out
- Disclosure
- Appeal
- Singapore Court of Appeal
16. Subjects
- Civil Procedure
- Contempt of Court
- Appeals
17. Areas of Law
- Civil Procedure
- Contempt of Court