Vasco Mattirolo v Doshi Sayyam Hiteshkumar: Summary Judgment Appeal in Debt Resolution Agreement

Vasco Mattirolo and Zhi Wei Ko appealed against the dismissal of their summary judgment application against Doshi Sayyam Hiteshkumar. The High Court dismissed the appeal, finding that the appellants' pleadings regarding a debt resolution agreement and prior business dealings were unclear, and that there were triable issues. The court held that the appellants failed to establish a prima facie case for breach of contract.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Appeal dismissed with costs in the cause.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against dismissal of summary judgment application. The court found unclear pleadings regarding a debt resolution agreement and prior business dealings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Vasco MattiroloAppellantIndividualAppeal DismissedLost
Zhi Wei KoAppellantIndividualAppeal DismissedLost
Doshi Sayyam HiteshkumarRespondentIndividualAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Eoon Zizhen BenedictOon & Bazul LLP

4. Facts

  1. Vasco Mattirolo and Zhi Wei Ko claimed Doshi Sayyam Hiteshkumar owed them US$2.6m.
  2. The debt arose from a prior agreement where the appellants funded the respondent’s business of reselling luxury watches.
  3. The parties entered into an agreement titled “Loan Agreement” to resolve an outstanding debt of US$2,500,000.
  4. The agreement stipulated an additional US$100,000 payment if the respondent did not pay US$2.5m by 9 August 2023.
  5. The Assistant Registrar dismissed the application for summary judgment.
  6. The appellants argued the agreement was to resolve an outstanding debt, not a loan.

5. Formal Citations

  1. Mattirolo, Vasco and another v Doshi Sayyam Hiteshkumar, Originating Claim No 27 of 2024(Registrar’s Appeal No 119 of 2024), [2024] SGHC 202

6. Timeline

DateEvent
Agreement entered into between Vasco Mattirolo, Zhi Wei Ko and Doshi Sayyam Hiteshkumar.
Date by which Doshi Sayyam Hiteshkumar was to pay US$2.5m.
Proceedings commenced.
Application for summary judgment in SUM 616 filed.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Summary Judgment
    • Outcome: The court dismissed the appeal for summary judgment, finding that there were triable issues.
    • Category: Procedural
  2. Breach of Contract
    • Outcome: The court found that the appellants failed to make out a prima facie case of breach of contract.
    • Category: Substantive
  3. Account Stated
    • Outcome: The court noted that the appellants should have pleaded that they were seeking an independent action based on a mere account stated.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Luxury Goods

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Viet Hai Petroleum Corporation v Ng Jun Quan and another and another matterHigh CourtYes[2016] 3 SLR 887SingaporeCited for the three types of account stated.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Summary Judgment
  • Loan Agreement
  • Prior Agreement
  • Outstanding Debt
  • Team Mazal
  • Joint Venture
  • Account Stated

15.2 Keywords

  • summary judgment
  • debt resolution
  • breach of contract
  • luxury watches
  • singapore

17. Areas of Law

Area NameRelevance Score
Summary Judgment90
Breach of Contract75
Civil Practice60
Commercial Litigation50
Account stated40

16. Subjects

  • Civil Procedure
  • Contract Law
  • Debt Recovery