Jiangsu New Huaming v PT Musim Mas: Amendment of Pleadings Dispute
Jiangsu New Huaming International Trading Co Ltd, the plaintiff, appealed against the decision to dismiss its application to amend its statement of claim to include a claim for unpaid commissions against PT Musim Mas and Inter-Continental Oils & Fats Pte. Ltd, the defendants. The High Court allowed the appeal, finding that the claim was struck out due to an unwarranted application for further and better particulars, not on substantive grounds.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the striking out of a claim for unpaid commissions and subsequent attempt to amend the statement of claim. The court allowed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Jiangsu New Huaming International Trading Co Ltd | Plaintiff, Appellant | Corporation | Appeal Allowed | Won | |
| PT Musim Mas | Defendant | Corporation | Other | Neutral | |
| Inter-Continental Oils & Fats Pte Ltd | Defendant, Respondent | Corporation | Other | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Tean | Carson Law Chambers |
| Joanna Chew Liying | Braddell Brothers LLP |
4. Facts
- The plaintiff, a company in China, sold palm oil as an agent of the first defendant, a major palm oil producer in Indonesia.
- The second defendant was an agent for the first defendant in Singapore.
- The plaintiff commenced a suit against both defendants for breach of contract, claiming general damages.
- The claim for unpaid commissions was struck out due to non-compliance with an 'unless order'.
5. Formal Citations
- Jiangsu New Huaming International Trading Co Ltd v PT Musim Mas and another, , [2023] SGHC 27
6. Timeline
| Date | Event |
|---|---|
| Suit filed | |
| Second defendant requested further and better particulars | |
| Plaintiff filed an appeal against order to answer requests | |
| Appeal dismissed | |
| Second defendant applied for an 'unless order' | |
| Plaintiff filed answers to request for further and better particulars | |
| SUM 5155 heard | |
| Plaintiff filed answers | |
| Registrar heard the parties | |
| Registrar ordered that the plaintiff’s claim for unpaid commissions be struck out | |
| Judgment reserved | |
| Judgment |
7. Legal Issues
- Amendment of Pleadings
- Outcome: The court allowed the appeal, permitting the plaintiff to amend its statement of claim.
- Category: Procedural
8. Remedies Sought
- General Damages
- Unpaid Commissions
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Litigation
11. Industries
- Commodities Trading
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Amendment of pleadings
- Unless order
- Further and better particulars
- Unpaid commissions
- Statement of claim
15.2 Keywords
- Amendment
- Pleadings
- Breach of contract
- Singapore
- Civil procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Amendment of Pleadings | 85 |
| Civil Practice | 75 |
| Further and better particulars | 70 |
| Breach of Contract | 60 |
| Contract Law | 50 |
| Commercial Disputes | 40 |
| Jurisdiction | 30 |
16. Subjects
- Civil Procedure