Hii Yii Ann v Tiong Thai King: Application for Particulars in Logging Agreement Dispute

In a dispute before the Singapore International Commercial Court, Hii Yii Ann and Alliance Lumber (PNG) Limited (Claimants) applied for further and better particulars from Tiong Thai King (First Defendant) regarding his Defence and Counterclaim in relation to an alleged breach of a logging agreement. The court, presided over by Thomas Bathurst IJ, ordered the First Defendant to provide further particulars on specific aspects of their defense, including details related to an alleged mistake regarding a timber permit and breaches of obligations under the logging agreement. The issue of costs was reserved for later determination.

1. Case Overview

1.1 Court

Singapore International Commercial Court

1.2 Outcome

The court ordered the First Defendant to provide further particulars on several points raised by the Claimants.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Application for further particulars in a dispute over a logging agreement. The court ordered the defendant to provide further details on certain aspects of their defense and counterclaim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Hii Yii AnnClaimantIndividualApplication for Further Particulars Granted in PartPartial
Alliance Lumber (PNG) LimitedClaimantCorporationApplication for Further Particulars Granted in PartPartial
Tiong Thai KingDefendantIndividualApplication for Further Particulars Granted in PartPartial
Everrise Cooperation Pte LtdDefendantCorporationNeutralNeutral

3. Judges

Judge NameTitleDelivered Judgment
Thomas BathurstInternational JudgeYes

4. Counsels

Counsel NameOrganization
Choy Chee YeanTrenchant Law LLC
Ong Boon Hwee WilliamAllen & Gledhill LLP
Xu JiaxiongAllen & Gledhill LLP
DarylAllen & Gledhill LLP
Su Jin ChandranAllen & Gledhill LLP
Nicholas Kam Xuan WeiAllen & Gledhill LLP
Matthew Soo YeeAllen & Gledhill LLP

4. Facts

  1. The Claimants allege the First Defendant breached a logging agreement by failing to extract the Guaranteed Annual Minimum Volume of timber.
  2. The Claimants sought further particulars on the First Defendant’s Defence.
  3. The First Defendant raised a number of defenses to the claim.
  4. The First Claimant and his nominees hold 60% of the shares in Everrise, with the remaining 40% held by the First Defendant and his nominees.
  5. The logging agreement provided for the First Defendant to fell and extract logs from various areas in the West Sepik Province of Papua New Guinea, pursuant to a Timber Permit (“TP 10-01”).
  6. The Claimants allege the first and second shipment of logs took place pursuant to the agreement and the proceeds were distributed.

5. Formal Citations

  1. Hii Yii Ann and another v Tiong Thai King and another and another matter, Originating Application No 15 of 2023 (Summons No 58 of 2023), [2024] SGHC(I) 16

6. Timeline

DateEvent
Defence and Counterclaim (Amendment No 1) filed by the First Defendant
Particulars supplied by the First Defendant
Summary Table for Claimant’s Application for Further & Better Particulars filed
Judgment reserved
Judgment issued

7. Legal Issues

  1. Further and Better Particulars
    • Outcome: The court ordered the First Defendant to provide further particulars on several points raised by the Claimants.
    • Category: Procedural
  2. Implied Terms
    • Outcome: The court found that no further particularization was required regarding the implied term.
    • Category: Substantive
  3. Common Mistake
    • Outcome: The court ordered the First Defendant to provide further particulars regarding the alleged common mistake.
    • Category: Substantive
  4. Breach of Contract
    • Outcome: The court addressed the particulars sought in relation to the alleged breaches of the logging agreement.
    • Category: Substantive

8. Remedies Sought

  1. Further and Better Particulars

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Forestry

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Johnson Pacific Pte Ltd v Hogberg Fred Rickard Robin William and othersHigh CourtYes[2004] 4 SLR(R) 200SingaporeCited for the functions of particulars in legal proceedings.
Sharikat Logistics Pte Ltd v Ong Boon ChuanHigh CourtYes[2011] SGHC 196SingaporeCited for the functions of particulars in legal proceedings.
Element Six Technologies Ltd v ILA Technologies Pte LtdHigh CourtYes[2016] SGHCR 16SingaporeCited for the functions of particulars in legal proceedings.
Sembcorp Marine Ltd v PPL Holdings Pte Ltd and another and another appealCourt of AppealYes[2013] 4 SLR 193SingaporeCited regarding the requirements of particularisation necessary when a party is relying on context or in support of its contention as to the correct construction of a contractual term or perhaps as an aid to implication of a term.

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

  • Logging Agreement
  • Timber Permit
  • Guaranteed Annual Minimum Volume
  • Further and Better Particulars
  • Defence
  • Counterclaim
  • Implied Term
  • Common Mistake

15.2 Keywords

  • logging agreement
  • timber permit
  • particulars
  • breach of contract
  • Singapore International Commercial Court

17. Areas of Law

Area NameRelevance Score
Further and better particulars80
Contracts75
Contractual terms70
Commercial Disputes65
Civil Practice60
Litigation50

16. Subjects

  • Civil Procedure
  • Contract Law
  • Timber Industry