Horizon Capital Fund v Ollech David

[2023] SGHC 164 High Court (General Division) 8 June 2023 HC/OC 416/2022 ( HC/RA 71/2023,HC/RA 70/2023,HC/SUM 1161/2023 )
18 cases cited (14 SG, 4 foreign) Cited by 8 cases

Key facts

Court High Court (General Division)
Decided
Judge Goh Yihan
Charges / claim Civil Procedure, Conflict of laws
Counsel Audent Chambers LLC, Breakpoint LLC, Oon & Bazul LLP, Ammani Mathivanan, Damien Chng Cheng Yee, Han Guangyuan Keith, Lee Tat Weng Daniel, Poon Guokun Nicholas, Shankar Ray Shi-Wan, Tan Zhengxian Jordan

Source: [2023] SGHC 164, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (10)

Parties (2)

Horizon Capital Fund Claimant
Ollech David Defendant

Case Significance

Horizon Capital Fund v Ollech David [2023] SGHC 164 is a reserved judgment of Goh Yihan JC in the General Division of the High Court, delivered on 8 June 2023 in Originating Claim No 416 of 2022 (Summons No 1161 of 2023 and Registrar's Appeals Nos 70 and 71 of 2023). Two appeals were before the court: RA 71, the defendant Ollech David's appeal against the dismissal of his stay application, and RA 70, the claimant Horizon Capital Fund's appeal concerning its application for summary judgment, both decided below by Assistant Registrar Deborah Tang, who dismissed the stay and allowed summary judgment. The defendant also applied by SUM 1161 for permission to admit new evidence; the judge dismissed SUM 1161 and dismissed both RA 71 and RA 70, the matter also raising a choice of law question on the presumption of similarity.

Summary

Horizon Capital Fund sought summary judgment against Ollech David on a personal guarantee securing a US$1,500,000 Swiss-law facility extended to Lemarc Agromond Pte Ltd, while the defendant sought a stay and applied to admit new evidence. The appeals raised choice-of-law questions on the presumption of similarity in interlocutory proceedings. The High Court dismissed the defendant's application to admit new evidence and both his appeals against the stay refusal and the grant of summary judgment.

What was Horizon Capital Fund v Ollech David [2023] SGHC 164 about?

It was a reserved judgment of Goh Yihan JC, delivered on 8 June 2023, deciding the defendant Ollech David's appeal against a refused stay, the claimant Horizon Capital Fund's summary judgment appeal, and an application to admit new evidence.

What did the court decide in [2023] SGHC 164?

Goh Yihan JC dismissed Ollech David's application in SUM 1161 to admit new evidence and dismissed both his appeals, RA 71 and RA 70, upholding Assistant Registrar Deborah Tang's dismissal of the stay and grant of summary judgment to Horizon Capital Fund.

Statutes Cited

Cases Cited (18)

SG (3)
[2018] SGHC 123 [2022] SGHC 253 [2023] SGHC 44
SLR (11)
[1997] 2 SLR(R) 141 [1998] 1 SLR(R) 53 [1998] 3 SLR(R) 833 [2008] 2 SLR(R) 491 [2010] 3 SLR 267 [2014] 1 SLR 860 [2014] 2 SLR 123 [2014] 2 SLR 1342 [2015] 1 SLR 325 [2019] 1 SLR 499 [2019] 2 SLR 341
UK (3)
[1954] 1 WLR 1489 [1960] 1 WLR 126 [2014] EWHC 2720
MY (1)
[2015] 10 MLJ 645

Cited By (8)

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Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 164)