SUNPOWER SEMICONDUCTOR LIMITED v POWERCOM YURAKU PTE. LTD.

[2023] SGHC(A) 14 High Court (Appellate Division) 26 April 2023 AD/CA 79/2022 ( AD/SUM 48/2022 )

6 cases cited Cited by 4 cases

Outcome

Application dismissed

“We dismiss the application.”

Source: [2023] SGHC(A) 14, High Court (Appellate Division), decided 26 April 2023. Read directly from the judgment.

Key facts

Court	High Court (Appellate Division)
Decided	26 April 2023
Judges	Debbie Ong Siew Ling, Woo Bih Li
Charges / claim	Civil Procedure
Outcome	Application dismissed
Counsel	Aequitas Law LLP, Withers KhattarWong LLP, Chenthil Kumarasingam, Lim Chong Hian, Lim Tat, Wan Chi Kit

Source: [2023] SGHC(A) 14, High Court (Appellate Division), decided 26 April 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Civil Procedure — Extension of time — Extension of time to file written submissions

Practice Areas

Civil Procedure

Judges (2)

Debbie Ong Siew Ling Coram Woo Bih Li Delivered

Counsel (6)

Aequitas Law LLP Firm Withers KhattarWong LLP Firm

Chenthil Kumarasingam Counsel for the appellant

Lim Chong Hian Counsel for the appellant Lim Tat Counsel for the respondent Wan Chi Kit Counsel for the respondent

Parties (5)

Powercom Yuraku Pte Ltd Respondent

Sunpower Semiconductor Limited Appellant

Yuraku Pte Ltd Defendant

Claudio Giuseppe Bencivengo Defendant

Vijaykumar Kishinchand Amesur Defendant

Case Significance

Sunpower Semiconductor Ltd v Powercom Yuraku Pte Ltd [2023] SGHC(A) 14 is a judgment of the Appellate Division of the High Court, delivered on 26 April 2023 by Woo Bih Li JAD, sitting with Debbie Ong Siew Ling JAD, in Civil Appeal No 79 of 2022 (Summons No 48 of 2022). The application was brought by Sunpower Semiconductor Ltd, the appellant in AD/CA 79/2022, for an extension of time to file its written submissions for the appeal. Applying the principle that the overall picture of where the justice of the case lies is ultimately decisive, the court was not persuaded that the application justified the exercise of its discretion and declined to grant Sunpower an extension of time.

Summary

This was an application by Sunpower Semiconductor Ltd, appellant in an appeal arising from a shareholders' dispute over a Singapore joint venture company, for an extension of time to file its written submissions. The court assessed where the justice of the case lay, finding that Sunpower offered no compelling reason for a not insignificant delay and that its underlying appeal was without merit. The court dismissed the application, with the result that the appeal was deemed withdrawn, and ordered Sunpower to pay $8,000 in costs.

What did the court decide in Sunpower Semiconductor Ltd v Powercom Yuraku Pte Ltd [2023] SGHC(A) 14?

The Appellate Division of the High Court, in a judgment delivered by Woo Bih Li JAD on 26 April 2023, declined to grant Sunpower Semiconductor Ltd an extension of time to file its written submissions for Civil Appeal No 79 of 2022.

What test governs an extension of time in Sunpower Semiconductor Ltd v Powercom Yuraku Pte Ltd [2023] SGHC(A) 14?

Woo Bih Li JAD applied the principle that it is the overall picture of where the justice of the case lies that is ultimately decisive; the court was not persuaded the application justified exercising its discretion and refused the extension of time.