Phosagro Asia Pte Ltd v Piattchanine, Iouri

JurisdictionSingapore
JudgeAndrew Phang Boon Leong JA,Judith Prakash JA,Tay Yong Kwang JA
Judgment Date28 October 2016
CourtCourt of Appeal (Singapore)
Docket NumberCivil Appeal No 200 of 2015
Date28 October 2016

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15 cases
  • Liu Shu Ming v Koh Chew Chee
    • Singapore
    • High Court Appellate Division (Singapore)
    • 28 April 2023
    ...[2012] 3 SLR 428 (refd) Parabola Investments Ltd v Browallia Cal Ltd [2011] QB 477 (refd) Phosagro Asia Pte Ltd v Piattchanine, Iouri [2016] 5 SLR 1052 (refd) PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2019] 1 SLR 30 (refd) PT Panosonic Gobel Indonesia v Stratech Systems Ltd [2010] 3 ......
  • Ser Kim Koi v GTMS Construction Pte Ltd and others and another appeal
    • Singapore
    • High Court Appellate Division (Singapore)
    • 3 October 2022
    ...the employer may nevertheless seek to rely on it later on based on newfound evidence (see Phosagro Asia Pte Ltd v Piattchanine, Iouri [2016] 5 SLR 1052 at [43]). Clause 23(1)(a) of the SIA We now turn to consider whether SPPG’s delay constitutes a “force majeure” event within the meaning of......
  • Nurlinda Lee @ Lee Beng Hwa and another v Doktor Kereta Pte Ltd
    • Singapore
    • District Court (Singapore)
    • 16 July 2018
    ...Mario [2012] 3 SLR 440 (HC) (“Nalpon”) at [8] per Chan Sek Keong CJ, cited in turn in Phosagro Asia Pte Ltd v Piattchanine, Iouri [2016] 5 SLR 1052 (CA) at [72] per Andrew Phang Boon Leong JA). The meaning of a prima facie case was examined in some detail in Nalpon at [6]–[29], and Chan CJ ......
  • Liu Shu Ming and another v Koh Chew Chee and another matter
    • Singapore
    • High Court Appellate Division (Singapore)
    • 28 April 2023
    ...Our courts have referred to a repudiatory breach in its wider sense. That is evident from Phosagro Asia Pte Ltd v Piattchanine, Iouri [2016] 5 SLR 1052 where, at [52], the Court of Appeal (“CA”) referred to RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 413 as stating four si......
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1 firm's commentaries
  • Termination of Employment Contracts for Misconduct: Practical Guidelines
    • Singapore
    • JD Supra Singapore
    • 23 December 2016
    ...observations of the Singapore Court of Appeal (“CA”) in a coda to their judgment in Phosagro Asia Pte Ltd v Piattachanine, Iouri [2016] 5 SLR 1052 (“Phosagro”) raise some practical considerations for employers to bear in mind when drafting their employment The facts of Phosagro are straight......
2 books & journal articles
  • Comment
    • Singapore
    • Singapore Academy of Law Journal No. 2019, December - January 2019
    • 1 December 2019
    ...[2010] SGHC 345 at [41]. 14 Othman Bin Ali v Telekom Malaysia Bhd [2004] 4 MLJ 18 at [45]; Phosagro Asia Pte Ltd v Piattchanine, Iouri [2016] 5 SLR 1052 at [48]. 15 See also s 27(2)(b) of the Employment Claims Act 2016 (Act 21 of 2016), inserted by cl 26(13) of the Employment (Amendment) Bi......
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2016, December 2016
    • 1 December 2016
    ...97 [2009] 4 SLR(R) 602 at [63]. 98 (1888) 39 Ch D 339. 99 [2015] 5 SLR 1257 at [164]. 100 Phosagro Asia Pte Ltd v Piattchanine, Iouri [2016] 5 SLR 1052 at [42]. 101 [2010] 3 SLR 722. 102 Aldabe Fermin v Standard Chartered Bank [2010] 3 SLR 722 at [45]. 103 Aldabe Fermin v Standard Chartered......