Affert Resources v Industries Chimiques: Extension of Time for Expert Affidavit on Senegalese Law
Affert Resources Pte Ltd (in compulsory winding up) appealed against the decision of the Assistant Registrar regarding the extension of time to file an expert affidavit on Senegalese law and the striking out of an affidavit. The High Court, General Division, granted a final extension of time for filing the expert affidavit but dismissed the appeal regarding the striking out of the affidavit. The court balanced the interests of the parties and the administration of justice, considering the reasons for the delay and potential prejudice.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal allowed in part and dismissed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding extension of time to file expert affidavit on Senegalese law. The court granted a final extension, balancing interests of justice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Affert Resources Pte Ltd (in court compulsory winding up) | Applicant, Appellant | Corporation | Appeal allowed in part | Partial | |
| Industries Chimiques du Senegal | Respondent | Corporation | Appeal dismissed in part | Partial | |
| Indorama Holdings BV | Respondent | Corporation | Appeal dismissed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Yihan | Judge | Yes |
4. Counsels
4. Facts
- Affert sought an extension of time to file an expert affidavit on Senegalese law.
- Affert had breached multiple court-imposed deadlines to file the expert affidavit.
- The respondents argued that they would suffer prejudice if the extension of time were granted.
- Hearing dates for OS 544 have been fixed on 22 and 23 November 2023.
- The appellant filed the 12th Affidavit of Mr Abuthahir without leave of court.
- The 12th Affidavit of Mr Abuthahir contained judgments in French with machine translations.
5. Formal Citations
- Affert Resources Pte Ltd (in compulsory winding up) v Industries Chimiques du Senegal and another, Originating Summons No 544 of 2019 (Registrar’s Appeal No 201 of 2023), [2023] SGHC 305
6. Timeline
| Date | Event |
|---|---|
| Affert and ICS entered into six contracts. | |
| Contracts between Affert and ICS concluded. | |
| IHBV bought 66% of the shares in ICS from Senfer. | |
| Side Letter executed by IHBV, Senfer, Archean Industries Private Limited, and Indorama Corporation. | |
| Affert stated in a letter to ICS that it would not claim US$17,277,886. | |
| Affert was placed in creditors’ voluntary winding up. | |
| Affert was compulsorily wound up. | |
| Affert commenced Suit 724 against ICS. | |
| Affert filed HC/OS 544/2019. | |
| Respondents filed reply affidavits for OS 544. | |
| Appellant sought leave to file further affidavits in OS 544. | |
| Pre-trial conference held. | |
| Appellant informed respondents of intent to file expert affidavit. | |
| Pre-trial conference held; appellant granted extension to file expert affidavit. | |
| Parties informed court of hearing dates for OS 544. | |
| Appellant requested further extension to file expert affidavit. | |
| Final extension granted to appellant to file expert affidavit by 20 September 2023. | |
| Appellant filed 12th Affidavit of Mr Abuthahir and SUM 2881. | |
| Assistant Registrar heard SUM 2881. | |
| Appellant filed appeal against Assistant Registrar’s decision. | |
| Court heard parties and granted final extension to file expert affidavit until 7 October 2023. | |
| Grounds of decision issued. |
7. Legal Issues
- Extension of time to file expert affidavit
- Outcome: The court allowed the appeal in part, granting a final extension of time to file the expert affidavit.
- Category: Procedural
- Sub-Issues:
- Prejudice to counterparty
- Disregard for court-imposed deadlines
- Related Cases:
- [1998] 2 SLR(R) 646
- [2010] 1 SLR 1192
- [1996] TLR 751
- [2004] 4 SLR(R) 7
- [2011] 2 SLR 196
- [2023] SGHC(A) 14
- Striking out of affidavit
- Outcome: The court dismissed the appeal in relation to the striking out of the 12th Affidavit of Mr Abuthahir.
- Category: Procedural
- Sub-Issues:
- Filing without leave of court
- Inadequate translation of documents
- Related Cases:
- [2000] SGHC 176
8. Remedies Sought
- Extension of time to file expert affidavit
- Reversal of order striking out affidavit
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| The “Tokai Maru” | Court of Appeal | Yes | [1998] 2 SLR(R) 646 | Singapore | Cited for the principle that an extension of time should be granted unless the other party has suffered prejudice that cannot be compensated by costs. |
| Chan Chin Cheung v Chan Fatt Cheung and others | Court of Appeal | Yes | [2010] 1 SLR 1192 | Singapore | Cited for the principle that a litigant should not be deprived of the opportunity to dispute claims on the merits unless the other party has suffered prejudice that cannot be compensated by costs. |
| Erskine Communications Ltd v Worthington | English Court of Appeal | Yes | [1991] TLR 330 | England and Wales | Cited to support the view that not every instance of overstepping a time limit should be punished by the loss of the action. |
| Mortgage Corporation Ltd v Sandoes, Blinkhorn & Co and Gibson | English Court of Appeal | Yes | [1996] TLR 751 | England and Wales | Cited for guidelines on the approach to failure to adhere to time limits, emphasizing the importance of expedition and the administration of justice. |
| The “Melati” | Court of Appeal | Yes | [2004] 4 SLR(R) 7 | Singapore | Cited for the principle that there is no one test for granting an extension of time, and it involves balancing relevant factors. |
| Sun Jin Engineering Pte Ltd v Hwang Jae Woo | Court of Appeal | Yes | [2011] 2 SLR 196 | Singapore | Cited for the principle that a court has to balance the competing interests of the parties when deciding whether to grant an extension of time. |
| Lea Tool and Moulding Industries Pte Ltd (in liquidation) v CGU International Insurance plc (formerly known as Commer Union Assurance Co plc) | High Court | Yes | [2000] 3 SLR(R) 745 | Singapore | Cited for the principle that the administration of justice and the communitarian need for the efficient use of court resources should be considered when granting an extension of time. |
| Sunpower Semiconductor Ltd v Powercom Yuraku Pte Ltd | Appellate Division of the High Court | Yes | [2023] SGHC(A) 14 | Singapore | Cited for the factors to consider when determining whether to grant an extension of time. |
| Wong Kai Woon alias Wong Kai Boon and Another v Wong Kong Hom alias Ng Kong Hom and Others | High Court | Yes | [2000] SGHC 176 | Singapore | Cited for the principle that foreign court decisions extracted from publications of law reports, translated into English, may be cited as evidence of the foreign law. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (2014 Rev Ed) O 3 r 4(1) |
| Rules of Court 2021 O 3 r 4(1) |
| Rules of Court (2014 Rev Ed) O 92 r 1 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act 1893 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Extension of time
- Expert affidavit
- Prejudice
- Court-imposed deadlines
- Administration of justice
- Senegalese law
- Striking out
- OHADA law
15.2 Keywords
- extension of time
- expert affidavit
- Senegalese law
- civil procedure
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Extension of Time | 80 |
| Civil Procedure | 75 |
| Winding Up | 60 |
| Company Law | 50 |
| Foreign Law | 45 |
| Evidence Law | 40 |
| Affidavits | 35 |
| Contract Law | 30 |
| Jurisdiction | 25 |
16. Subjects
- Civil Procedure
- Litigation