BCBC SINGAPORE PTE LTD & Anor v PT BAYAN RESOURCES TBK & Anor

[2023] SGCA(I) 1 Court of Appeal (International) 10 February 2023 CA/CA 10/2022 ( CA/SUM 11/2022 )

11 cases cited Cited by 3 cases

Outcome

Appeal dismissed

“…we dismiss the appeal.”

Source: [2023] SGCA(I) 1, Court of Appeal (International), decided 10 February 2023. Read directly from the judgment.

Key facts

Court	Court of Appeal (International)
Decided	10 February 2023
Judges	Jonathan Hugh Mance, Judith Prakash, Sundaresh Menon
Charges / claim	Contract
Outcome	Appeal dismissed
Counsel	Davinder Singh Chambers LLC, Rajah & Tann Singapore LLP, Amarpall Singh, Ayana Ki, Chia Xin Ran Alina, Davinder Singh s/o Amar Singh, Francis Xavier, Gani Hui Ying Tracy, Jaikanth Shankar, Tan Ruo Yu, Tay Bok Chong Alvin

Source: [2023] SGCA(I) 1, Court of Appeal (International), decided 10 February 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Contract — Remedies — Damages

Practice Areas

Contract

Judges (3)

Jonathan Hugh Mance Coram Judith Prakash Coram Sundaresh Menon Delivered

Counsel (11)

Davinder Singh Chambers LLC Firm Rajah & Tann Singapore LLP Firm

Amarpall Singh Counsel for the respondent

Ayana Ki Counsel for the respondent Chia Xin Ran Alina Counsel for the appellant Davinder Singh s/o Amar Singh Counsel for the respondent Francis Xavier Counsel for the appellant Gani Hui Ying Tracy Counsel for the appellant Jaikanth Shankar Counsel for the respondent Tan Ruo Yu Counsel for the respondent Tay Bok Chong Alvin Counsel for the appellant

Parties (4)

BCBC Singapore Pte Ltd Appellant

Bayan International Pte Ltd Respondent

Binderless Coal Briquetting Company Pty Limited Appellant

PT Bayan Resources TBK Respondent

Case Significance

BCBC Singapore Pte Ltd and another v PT Bayan Resources TBK and another [2023] SGCA(I) 1 was decided in the Court of Appeal on 10 February 2023, in Civil Appeal No 10 of 2022, before Sundaresh Menon CJ, Judith Prakash JCA and Jonathan Hugh Mance IJ, with the CJ delivering the judgment. The appeal was against the Singapore International Commercial Court's decision in BCBC Singapore Pte Ltd and another v PT Bayan Resources TBK and another [2022] SGHC(I) 2, arising from a joint venture between the parties that ended acrimoniously. In earlier tranches, the respondents had been found to have breached the contract. The present appeal arose from the third tranche, which concerned the assessment of loss and damage; the SICC had determined that, despite the first respondent's breaches, the appellants had not proved an entitlement to any damages or other remedy.

What did the appeal in BCBC Singapore v PT Bayan Resources [2023] SGCA(I) 1 concern?

The appeal concerned the assessment of loss and damage arising from the third tranche of SICC proceedings. The SICC had determined that, notwithstanding the first respondent's breaches of contract, the appellants had not proved they were entitled to any damages or other remedy.

Which court's decision was under appeal in [2023] SGCA(I) 1?

The appeal was against the Singapore International Commercial Court's decision in BCBC Singapore Pte Ltd and another v PT Bayan Resources TBK and another [2022] SGHC(I) 2, which arose from a joint venture between the parties that ended acrimoniously.