Yue Xiu Enterprises (Holdings) and Another v PT Hutan Domas Raya and Another

JurisdictionSingapore
CourtHigh Court (Singapore)
JudgeJudith Prakash J
Judgment Date01 July 2000
Neutral Citation[2000] SGHC 124
Citation[2000] SGHC 124
Subject MatterWhether court should decline jurisdiction even if Singapore not the natural forum,Natural forum,Conflict of Laws,Whether Singapore the natural forum,Process for dealing with plea of forum non conveniens,Stay of proceedings
Date01 July 2000
Plaintiff CounselKoh Kok Wah (Wong & Leow)
Defendant CounselBonnie Lo (Rajah & Tann),Tang Kin Wai (Lee & Lee)
Published date19 September 2003
Docket NumberSuit No 1459 of 1998

: The plaintiffs are both companies incorporated in Hong Kong. They are related in that the first plaintiffs have a wholly owned subsidiary which in turn owns 65% of the share capital of the second plaintiffs. The second plaintiffs carry on business, inter alia, in forestry exploitation and the import and export of timber.

The first defendants are a company incorporated in Indonesia and are involved in the timber industry. The second defendant is the chief executive of the first defendants. He is an Indonesian citizen but resides in Singapore.

According to the statement of claim filed by the plaintiffs, by a memorandum in Chinese, the first defendants acknowledged that they were indebted to the first plaintiffs in the sum of US$9,230,000 and agreed to pay the same and interest in monthly instalments. By another memorandum similarly dated, the first defendants in consideration for the continued supply of logging equipment by the second plaintiffs to the first defendants, the first defendants agreed to pay the first plaintiffs the sum of US$68,750 each month for 84 months. It should be noted whilst the statement of claim averred that both memoranda were executed on 27 February 1992, copies of the memoranda exhibited by the plaintiffs showed their dates as apparently being 27 August 1992.

The second defendant executed two guarantees on 27 August 1992. The first guaranteed all moneys due and owing and remaining unpaid from the first defendants to the first plaintiffs under the first memorandum. The second guaranteed all moneys due and remaining unpaid from the first defendants to the second plaintiffs under the second memorandum.

The statement of claim went on to aver that the first defendants had only made part payments under the first and second memoranda and accordingly were in breach of their obligations under both. Accordingly, as at 1 August 1998, they were indebted to the first plaintiffs in the sum of US$15,300,000.04 and to the second plaintiffs in the sum of US$2,976,623.52. The plaintiffs claimed these sums from the first defendants under the two memoranda and from the second defendant under the two guarantees which he had signed.

The writ of summons was issued in August 1998. It was duly served on the second defendant at his address in Singapore and he entered an appearance to the action on 10 September 1998.

Things did not proceed so smoothly vis-Ã -vis the first defendants. In February 1999, the plaintiffs obtained an order of court giving them leave to serve the writ on the first defendants in Indonesia. Service purportedly took place pursuant to this order on 15 April 1999. On 21 May 1999, the plaintiffs entered judgment against the first defendants in default of...

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8 cases
  • Rickshaw Investments Ltd and Another v Nicolai Baron von Uexkull
    • Singapore
    • Court of Three Judges (Singapore)
    • 3 November 2006
    ...... in the form of an affidavit filed by one Mahesh Narayan (“Narayan”). We allowed the application, pending the ... [1992] 2 SLR 776 (“ Brinkerhoff ”) and PT Hutan Domas Raya v Yue Xiu Enterprises (Holdings) Limited ......
  • Q & M Enterprises Sdn Bhd v Poh Kiat
    • Singapore
    • High Court (Singapore)
    • 31 August 2005
    ......, if the court is satisfied that there is another available forum which is prima facie the ... Stores Pte Ltd [1998] 1 SLR 253 and PT Hutan Domas Raya v Yue Xiu Enterprises (Holdings) Ltd ......
  • The "Rainbow Joy"
    • Singapore
    • Court of Three Judges (Singapore)
    • 20 July 2005
    ...... be tried in the courts here but only in another forum. In the words of the leading authority on ... Stores Pte Ltd [1998] 1 SLR 253 and PT Hutan Domas Raya v Yue Xiu Enterprises (Holdings) Ltd ......
  • Rickshaw Investments Ltd and Another v Nicolai Baron Von Uexkull
    • Singapore
    • High Court (Singapore)
    • 27 April 2006
    ...... the ends of justice, per Chao Hick Tin JA in PT Hutan Domas Raya v Yue Xiu Enterprises (Holdings) Limited ......
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