TA Private Capital v UD Trading: Forum Non Conveniens & Stay of Proceedings
TA Private Capital Security Agent Limited and TransAsia Private Capital Limited commenced an action in Singapore against UD Trading Group Holding Pte Ltd, claiming a sum of US$63,303,806.66 under a corporate guarantee. Rutmet Inc, initially a co-plaintiff, was later made a co-defendant. Rutmet applied for a stay of proceedings based on forum non conveniens. The Assistant Registrar of the High Court dismissed Rutmet's application, holding that there was no substantive claim against Rutmet in the Singapore action, making the application legally flawed.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for stay of Singapore court proceedings on the ground of forum non conveniens was dismissed as there was no substantive claim against the applicant.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| TA Private Capital Security Agent Limited | Plaintiff | Corporation | Application dismissed | Lost | Chan Leng Sun, Jerald Foo, Nicholas Chang |
| TransAsia Private Capital Limited | Plaintiff | Corporation | Application dismissed | Lost | Chan Leng Sun, Jerald Foo, Nicholas Chang |
| UD Trading Group Holding Pte Ltd | Defendant | Corporation | |||
| Rutmet Inc | Defendant | Corporation | Application dismissed | Lost | Imran Rahim, Zerlina Yee |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Colin Seow | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chan Leng Sun | Duxton Hill Chambers |
| Jerald Foo | Oon & Bazul LLP |
| Nicholas Chang | Oon & Bazul LLP |
| Imran Rahim | Eldan Law LLP |
| Zerlina Yee | Eldan Law LLP |
4. Facts
- TA Private Capital and TransAsia Private Capital commenced an action against UD Trading Group.
- The claim was for US$63,303,806.66 under a corporate guarantee.
- Rutmet Inc was initially a co-plaintiff but was later made a co-defendant.
- Rutmet applied for a stay of proceedings based on forum non conveniens.
- The Statement of Claim (Amendment No 1) made no substantive claim against Rutmet.
- Rutmet argued that Canada or Hong Kong were more appropriate forums.
- The court found no substantive claim or controversy to be tried between the Plaintiffs and Rutmet.
5. Formal Citations
- TA Private Capital Security Agent Limited & another v UD Trading Group Holding Pte Ltd & another, Suit No 624 of 2020 (Summons No 4702 of 2021), [2021] SGHCR 10
6. Timeline
| Date | Event |
|---|---|
| High Court Suit No 624 of 2020 commenced | |
| Corporate Guarantee entered into between UDT and Rutmet | |
| Rutmet filed High Court Summons No 3114 of 2021 | |
| Rutmet granted leave to discontinue claims against UDT and joined as co-defendant | |
| Plaintiffs filed Statement of Claim (Amendment No 1) | |
| Rutmet brought High Court Summons No 4702 of 2021 | |
| Permission granted to hold off Rutmet's filing of Defence | |
| UDT filed application to Appellate Division of the High Court | |
| Hearing convened for Rutmet's summons application | |
| Judgment issued |
7. Legal Issues
- Stay of Proceedings
- Outcome: The court dismissed the application for a stay of proceedings.
- Category: Procedural
- Related Cases:
- [1987] AC 460
- Forum Non Conveniens
- Outcome: The court held that the application for stay on the ground of forum non conveniens was legally flawed and/or misconceived.
- Category: Jurisdictional
- Related Cases:
- [1987] AC 460
8. Remedies Sought
- Stay of proceedings
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| In Re Mathews. Oates v Mooney | English Court of Appeal | Yes | [1905] 2 Ch 460 | England and Wales | Cited for the general rule that where co-plaintiffs disagree, the name of one is struck out as plaintiff and added as defendant. |
| Spiliada Maritime Corporation v Cansulex Ltd | House of Lords | Yes | [1987] AC 460 | United Kingdom | Cited as the locus classicus on the question of when a stay would be granted on the basis of forum non conveniens. |
| CIMB Bank Bhd v Dresdner Kleinwort Ltd | Singapore Court of Appeal | Yes | [2008] 4 SLR(R) 543 | Singapore | Cited for the principles laid out in Spiliada regarding stay of proceedings on the ground of forum non conveniens. |
| JIO Minerals FZC and others v Mineral Enterprises Ltd | Singapore High Court | Yes | [2011] 1 SLR 391 | Singapore | Cited for the principles laid out in Spiliada regarding stay of proceedings on the ground of forum non conveniens. |
| Rappo, Tania v Accent Delight International Ltd and another and another appeal | Singapore Court of Appeal | Yes | [2017] 2 SLR 265 | Singapore | Cited for the principle that the natural forum is where the case may be tried more suitably for the interests of all parties and for the ends of justice. |
| La Société du Gaz de Paris v La Société Anonyme de Navigation “Les Armateurs Français” | House of Lords | Yes | 1926 SC (HL) 13 | United Kingdom | Cited for the principle that the object of forum non conveniens is to find the forum which is more suitable for the ends of justice. |
| Baturina v Chistyakov | English Court of Appeal | No | [2014] All ER (D) 38 (Aug); [2014] EWCA Civ 1134 | England and Wales | Cited for the principle that a stay application need not be entertained if the underlying claim is unsustainable. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Order 21 Rule 3(1) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) (“ROC”) | Singapore |
| Order 12 Rule 7(2) of the Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Forum non conveniens
- Stay of proceedings
- Corporate guarantee
- Substantive claim
- Statement of Claim
- Jurisdiction
- Balance of convenience
15.2 Keywords
- Forum non conveniens
- Stay of proceedings
- Singapore High Court
- Civil litigation
16. Subjects
- Civil Procedure
- Conflict of Laws
17. Areas of Law
- Civil Procedure
- Conflict of Laws
- Forum Non Conveniens
- Stay of Proceedings