JIANGSU NEW HUAMING INTERNATIONAL TRADING CO., LTD. v PT. MUSIM MAS & Anor
Outcome
Appeal allowed“I allow the appeal and direct that costs here and below be reserved to the trial judge.”
Source: [2023] SGHC 27, High Court (General Division), decided 6 February 2023. Read directly from the judgment.
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Choo Han Teck |
| Charges / claim | Civil Procedure |
| Outcome | Appeal allowed |
| Counsel | Braddell Brothers LLP, Carson Law Chambers, Joanna Chew Liying, Lim Tean |
Source: [2023] SGHC 27, High Court (General Division), decided — eLitigation. Updated .
Catchwords
Practice Areas
Judges (1)
Counsel (4)
Parties (3)
Case Significance
Jiangsu New Huaming International Trading Co Ltd v PT Musim Mas and another [2023] SGHC 27 is a judgment of the General Division of the High Court, with judgment reserved by Choo Han Teck J and delivered on 6 February 2023 in Suit No 268 of 2021 (Registrar's Appeal No 312 of 2022). The plaintiff, a company in China that sold palm oil as an agent of the first defendant (a major Indonesian palm oil producer), commenced the suit against both defendants for breach of contract, claiming general damages. The judgment concerns amendment of pleadings and the procedural history following the plaintiff's repeated failure to answer requests for further and better particulars first raised by the second defendant in a letter dated 21 April 2021.
Summary
Jiangsu New Huaming International Trading Co Ltd, which sold palm oil as an agent for PT Musim Mas and Inter-Continental Oils & Fats Pte Ltd, had its breach of contract claim struck out for non-compliance with an unless order to answer the second defendant's request for further and better particulars, and appealed seeking to amend its pleadings. The court held the strike-out arose from the second defendant's pursuit of evidence in the guise of particulars, not on substantive grounds, and that the proposed amendment disclosed a reasonable cause of action. The appeal was allowed.
What did Jiangsu New Huaming v PT Musim Mas [2023] SGHC 27 concern?
Decided by Choo Han Teck J on 6 February 2023, the judgment concerned amendment of pleadings in Suit No 268 of 2021, a breach of contract claim by a Chinese palm oil agent against PT Musim Mas and Inter-Continental Oils & Fats Pte Ltd claiming general damages.
What was the procedural background in [2023] SGHC 27?
The suit was filed on 17 March 2021, with the second defendant requesting further and better particulars on 21 April 2021. The plaintiff repeatedly failed to answer, its appeal was dismissed on 11 October 2021, and the matter proceeded to Registrar's Appeal No 312 of 2022.
Related cases
Other Singapore judgments on the same subject, most closely matched first.
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2023] SGHC 27)