Civelli v Aster Capital: Hague Convention, Evidence Act & Appointment of Private Examiner
In Civelli, Carlo Giuseppe and another v Aster Capital SA (Ltd) Panama, the High Court of Singapore heard an appeal regarding the appointment of a private examiner to take evidence for foreign proceedings under the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 and the Hague Convention. The court allowed the appeal, holding that the Act does not preclude the appointment of a private examiner, provided the examination takes place in the presence and under the direction of the Registrar.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court allows private examiner for foreign proceedings under Hague Convention, clarifying Evidence Act's scope on evidence taking.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Carlo Giuseppe Civelli | Appellant | Individual | Appeal Allowed | Won | |
| Aster Capital SA (Ltd) Panama | Appellant | Corporation | Appeal Allowed | Won | |
| Gerard Rene Jacquin | Respondent | Individual | Examination Ordered | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kwek Mean Luck | Judge of the High Court | Yes |
4. Counsels
4. Facts
- The appellants sought orders to examine Mr. Gerard Rene Jacquin based on a Letter of Request from the United States District Court for the Southern District of Texas.
- The Letter of Request was issued pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
- The appellants sought to have Mr. Jacquin examined orally under oath by their counsel before Ms. Dianne Fischer, a US lawyer.
- The Assistant Registrar dismissed the application, holding that the ECPOJA requires the Singapore Court to be involved in the process of taking foreign evidence.
- The appellants argued that nothing in the ECPOJA precludes the appointment of a private examiner.
- The appellants pointed to precedents in England and Hong Kong where private examiners had been appointed in similar applications.
- The court allowed the appeal, ordering the examination to take place before Ms. Fischer in the presence and under the direction of the Registrar.
5. Formal Citations
- Re Civelli, Carlo Giuseppe and another, , [2024] SGHC 143
6. Timeline
| Date | Event |
|---|---|
| Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters | |
| Hague Convention entered into force | |
| Singapore acceded to the Hague Convention | |
| Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 | |
| Letter of Request dated from the United States District Court for the Southern District of Texas | |
| Agreed Order issued by the Texas Court | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Appointment of Private Examiner
- Outcome: The court held that the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 does not preclude the appointment of a private examiner to take evidence for foreign proceedings, provided the examination takes place in the presence and under the direction of the Registrar.
- Category: Procedural
- Privilege of Witnesses
- Outcome: The court held that s 5 of the ECPOJA did not prohibit the appointment of private examiners, as the court retained oversight over the exclusion or inclusion of privileged information.
- Category: Substantive
- Related Cases:
- [1989] 2 SLR(R) 292
8. Remedies Sought
- Order to examine Mr. Gerard Rene Jacquin
9. Cause of Actions
- No cause of actions
10. Practice Areas
- International Litigation
- Cross-Border Disputes
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Staravia Ltd v Consolidated Aeronautics Corp | High Court | Yes | [1989] 2 SLR(R) 292 | Singapore | Cited regarding the procedure for invoking privilege under s 5 of the ECPOJA. |
| Securities and Exchange Commission v Credit Bancorp Ltd and others | Queen’s Bench Division | Yes | [2001] Lexis Citation 1212 | England | Cited as precedent for appointing a non-judicial officer as examiner under legislation similar to s 4(3) of the ECPOJA. |
| Regina v Rathbone, Ex parte Dikko Noga Commodities (Overseas) Inc and another v Rijn Maas-en Zeescheepvaartkantoor N.v. and others | Queen’s Bench Division | Yes | [1985] 2 WLR 375 | England | Cited as precedent for appointing a private examiner. |
| AB v X and others | Court of First Instance | Yes | [2022] 2 HKC 406 | Hong Kong | Cited as precedent for appointing a private examiner. |
| Angela Chen also known as Angela C. Sabella v Vivien Chen & another | Court of First Instance | Yes | [2011] HKCU 2382 | Hong Kong | Cited as precedent for appointing a private examiner. |
| Rio Tinto Zinc Corporation and others v Westinghouse Electric Corporation | House of Lords | Yes | [1978] AC 547 | England | Cited for the requirements to engage the High Court’s jurisdiction under the ECPOJA. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021 |
| Order 55 Rules 2 and 4 of the Rules of Court 2021 |
| Order 55 r 4(1) of the Rules of Court 2021 |
| Order 55 r 4(2) of the Rules of Court 2021 |
| Order 55 r 5 of ROC |
| Order 9 r 24 of the ROC |
| Order 9 r 24(6) of the ROC |
| Order 9 r 24(8) of the ROC |
| Order 3 r 2(1) of the ROC |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 | Singapore |
| Sections 3, 4(1) and 4(2) of the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 | Singapore |
| Section 4(3) of the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 | Singapore |
| Section 5 of the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 | Singapore |
| Section 5(1)(a) of the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 | Singapore |
| Section 5(2) of the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 | Singapore |
| Section 5(3) of the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Evidence (Civil Proceedings in Other Jurisdictions) Act 1979
- Hague Convention
- Letter of Request
- Private Examiner
- International Judicial Assistance
- Rules of Court 2021
- Privilege
- Registrar
15.2 Keywords
- Evidence
- Civil Proceedings
- Private Examiner
- Hague Convention
- International Judicial Assistance
- Singapore
- Rules of Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Procedure | 90 |
| Civil Practice | 85 |
| Evidence Law | 75 |
| Witnesses | 70 |
| International Law | 60 |
| Conventions | 50 |
16. Subjects
- Civil Procedure
- Evidence
- International Law
- Conflict of Laws