The "Asian Plutus"
| Jurisdiction | Singapore |
| Court | High Court (Singapore) |
| Judgment Date | 15 May 1990 |
| Docket Number | Admiralty in Rem No 106 of 1988 |
| Date | 15 May 1990 |
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14 cases
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The "Dai Yun Shan"
... ... In ` The Asian Plutus `6 by a bill of lading issued by them the defendants acknowshipment on board their vessel Asian Plutus of four boxes containing a lathe machine for carriage from Kobe to Singapore. When the boxes were unstuffed the machine was found to be seriously damaged. The plaintiffs commenced an action in rem ... ...
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The "Eastern Trust"
... ... In this application, the court was not being asked to decide whether Singapore or India was the more convenient forum, but why the plaintiffs should be allowed to be relieved of their contractual obligation to bring their actions in India ... In The Asian Plutus , Yong Pung How J (as he then was) explained (at p 451) that `[t]he legal basis for [ The Eleftheria and Amerco Timbers principles is] the presumption that contracts freely entered into must be upheld and given full effect unless their enforcement would be unreasonable and unjust.` This ... ...
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The "Vishva Apurva"
... ... Counsel relied on the statement of Yong Pung How J (as he then was) in ` The Asian Plutus `5 at p 451. He pointed out that in this case, FA Chua J had indicated that `substantial justice would not be done to the respondents if the claims were to proceed in the Indian court ... `, but that was not the same thing as an unjust or unreasonable result. In our view, counsel`s distinction ... ...
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Golden Shore Transportation Pte Ltd v UCO Bank and Another Appeal
...explicit and there it was not really in dispute that the clause was an exclusive jurisdictional clause. 12 Similarly, in The Asian Plutus [1990] SLR 543, the jurisdiction clause was also very explicit and it “The contract evidenced by or contained in this bill of lading shall be governed by......
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10 books & journal articles
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THE EFFECTIVE REACH OF CHOICE OF LAW AGREEMENTS
...from discussions on many of the points with Professor Adrian Briggs. Errors and omissions are the author’s own responsibility. 2 [1990] SLR 543 at 547. 3 A Briggs, “Jurisdiction Clauses and Judicial Attitudes”(1993) 109 LQR 382 at 385. 4 See, for example, Gienar v Meyer(1796) 2 H Bl 603 at ......
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BREACH OF AGREEMENT VERSUS VEXATIOUS, OPPRESSIVE AND UNCONSCIONABLE CONDUCT
...62 ICLQ 703 at 708. 103WSG Nimbus Pte Ltd v Board of Control for Cricket in Sri Lanka[2002] 1 SLR(R) 1088 at [91]; The Asian Plutus[1990] 1 SLR(R) 504; Turner v Grovit[2002] 1 WLR 107 at [27]; The Angelic Grace[1995] 1 Lloyd's Rep 87 at 96; Donohue v Armco Inc[2001] UKHL 64; [2002] 1 All ER......
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THE CONTRACTUAL BASIS OF THE ENFORCEMENT OF EXCLUSIVE AND NON-EXCLUSIVE CHOICE OF COURT AGREEMENTS
...[11]. The test is adopted from the English case of The El Amria[1981] 2 Lloyd’s Rep 119. 74 The Vishva Apurva [1992] 2 SLR 175 at 182. 75 [1990] SLR 543 at 546—548, noted in Toh Kian Sing, “Staying an Action Commenced in Breach of a Jurisdiction Clause: A Note on The Asian Plutus”(1991) 3 S......
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NO DISPUTE AMOUNTING TO STRONG CAUSE; STRONG CAUSE FOR DISPUTE?
...[1982] AC 679. See also The Nile Rhapsody[1992] 1 Lloyd’s Rep 399 at 414; appeal dismissed [1994] 1 Lloyd’s Rep 382, CA. The Asian Plutus[1990] SLR 543 (Yong J). 19 Trendtex Trading Corporation v Credit Suisse [1980] 3 All ER 721 at 736—737; affirmed by House of Lords, [1982] AC 679; The Ki......
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