The King's Challenge Pte Ltd v Baer-Richner: Service Out of Jurisdiction and Breach of Contract
The King's Challenge Pte Ltd and Samuel Harvey McGoun IV sued Gabriele Baer-Richner in the General Division of the High Court of Singapore, alleging breach of contract. The plaintiffs appealed against the Assistant Registrar's decision to set aside the ex parte order for leave to serve the writ and statement of claim out of jurisdiction. Choo Han Teck J dismissed the appeal, finding that the plaintiffs failed to establish a good arguable case that the claim fell within the conditions of Order 11 Rule 1 of the Rules of Court, lacked sufficient merit, and that Singapore was not the appropriate forum for the trial.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court dismisses appeal for service out of jurisdiction in a breach of contract claim, citing insufficient merit and Singapore not being the appropriate forum.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The King's Challenge Pte Ltd | Plaintiff | Corporation | Appeal dismissed | Lost | Dillon Dinesh Singh, Chee Yi Wen Serene |
| McGoun IV, Samuel Harvey | Plaintiff | Individual | Appeal dismissed | Lost | Dillon Dinesh Singh, Chee Yi Wen Serene |
| Baer-Richner, Gabriele | Defendant | Individual | Appeal allowed | Won | Aw Wen Ni, Ayagari Srikari Sanjana |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Dillon Dinesh Singh | Allen & Gledhill LLP |
| Chee Yi Wen Serene | Allen & Gledhill LLP |
| Aw Wen Ni | WongPartnership LLP |
| Ayagari Srikari Sanjana | WongPartnership LLP |
4. Facts
- The plaintiffs claimed the defendant orally agreed to travel on 'The King's Challenge Journey'.
- The defendant allegedly affirmed she would take four places for herself and her children.
- The price for each seat on the tour was US$90,000.
- The defendant informed the plaintiffs she would not be travelling on 'The King's Challenge Journey'.
- The second plaintiff claims to suffer depression and a mental breakdown as a result of the defendant not going on the trip.
- The second plaintiff sold his shareholding in American Express to pay the first plaintiff the US$360,000 fees.
- The meetings and discussions between the parties never took place in Singapore.
5. Formal Citations
- The King’s Challenge Pte Ltd and anothervBaer-Richner, Gabriele, Suit No 1004 of 2020(Registrar’s Appeal No 210 of 2021), [2021] SGHC 248
6. Timeline
| Date | Event |
|---|---|
| Defendant orally agreed and confirmed via email to travel on 'The King's Challenge Journey'. | |
| Defendant affirmed she would take four places for herself and her children for the tour. | |
| Mr. Michel Vukotic informed plaintiffs that defendant would not be travelling on 'The King's Challenge Journey'. | |
| Writ filed. | |
| Second plaintiff's affidavit dated. | |
| Ex parte order granted. | |
| Ex parte order set aside by AR. | |
| Judgment reserved. |
7. Legal Issues
- Service out of Jurisdiction
- Outcome: The court held that the plaintiffs failed to establish a good arguable case that the claim fell within the conditions of Order 11 Rule 1 of the Rules of Court.
- Category: Procedural
- Related Cases:
- [2014] 4 SLR 500
- [2019] 1 SLR 779
- Breach of Contract
- Outcome: The court found that the plaintiffs' claim lacked sufficient merit and it was unclear what was the breach of the alleged oral contract, and when the breach took place.
- Category: Substantive
- Proper Forum
- Outcome: The court held that Singapore was not the appropriate forum for the trial of the action.
- Category: Jurisdictional
8. Remedies Sought
- Damages
- Reimbursement of US$360,000
- Reimbursement of US$1,147,826 for tax paid
- Medical fees of $14,135.90
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Tourism
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Zoom Communications Ltd v Broadcast Solutions Pte Ltd | High Court | Yes | [2014] 4 SLR 500 | Singapore | Cited for the principle that the plaintiffs must show a good arguable case that their claim comes within one of the conditions in O 11 r 1, that their claim has sufficient merit, and that Singapore is the proper forum for the trial of the action. |
| Shanghai Turbo Enterprises Ltd v Liu Ming | High Court | Yes | [2019] 1 SLR 779 | Singapore | Cited for the principle that the plaintiffs must show a good arguable case that their claim comes within one of the conditions in O 11 r 1, that their claim has sufficient merit, and that Singapore is the proper forum for the trial of the action. |
| Pacific Recreation Pte Ltd v S Y Technology Inc and another appeal | Court of Appeal | Yes | [2008] 2 SLR(R) 491 | Singapore | Cited for the principle that in determining the proper law of the contract, the court will examine whether there are express statements of the governing law; in the absence of which, the intention of the parties might be inferred from the circumstances. |
| Overseas Union Insurance Ltd v Turegum Insurance Co | Court of Appeal | Yes | [2001] 2 SLR(R) 285 | Singapore | Cited for the principle that in determining the proper law of the contract, the court will examine whether there are express statements of the governing law; in the absence of which, the intention of the parties might be inferred from the circumstances. |
| Vinmar Overseas (Singapore) Pte Ltd v PTT International Trading Pte Ltd | Court of Appeal | Yes | [2018] 2 SLR 1271 | Singapore | Cited for the principle that the plaintiff needs a good arguable case. |
13. Applicable Rules
| Rule Name |
|---|
| Order 11 r 1 of the Rules of Court (2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- The King's Challenge Journey
- Service out of jurisdiction
- Good arguable case
- Proper forum
- Oral agreement
- Governing law
- Statement of Claim
15.2 Keywords
- breach of contract
- service out of jurisdiction
- Singapore
- travel tour
- jurisdiction
- contract law
16. Subjects
- Civil Procedure
- Contract Law
- Service out of Jurisdiction
17. Areas of Law
- Civil Procedure
- Contract Law
- Conflict of Laws