NW CORPORATION PTE. LTD. v HK PETROLEUM ENTERPRISES COOPERATION LIMITED

[2023] SGHCR 22 High Court Registrar 27 December 2023 HC/OC 295/2023 ( HC/SUM 2812/2023 )
10 cases cited (9 SG, 1 foreign)

Key facts

Court High Court Registrar
Decided
Judge Perry Peh
Charges / claim Civil Procedure
Counsel KSCGP Juris LLP, Oon & Bazul LLP, Foo Jong Han Rey, Kirsten Siow, Levin Lin

Source: [2023] SGHCR 22, High Court Registrar, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (5)

KSCGP Juris LLP Firm Oon & Bazul LLP Firm
Foo Jong Han Rey Counsel for the claimant
Kirsten Siow Counsel for the defendant
Levin Lin Counsel for the defendant

Parties (2)

HK Petroleum Enterprises Cooperation Ltd Defendant
NW Corp Pte Ltd Claimant

Case Significance

NW Corp Pte Ltd v HK Petroleum Enterprises Cooperation Ltd [2023] SGHCR 22 is a grounds of decision of Assistant Registrar Perry Peh in the General Division of the High Court, delivered on 27 December 2023 in Originating Claim No 295 of 2023. The defendant, a Hong Kong-incorporated company, applied in Summons No 2812 of 2023 to set aside a default judgment obtained after it failed to file a notice of intention to contest under the Rules of Court 2021. A key issue was whether the claimant could serve the originating process out of Singapore by registered post without the court's approval, on the basis that a written contract permitted service out under O 8 r 1(3) of the Rules of Court 2021, and what such a contractual provision must contain.

Summary

HK Petroleum Enterprises Cooperation Ltd, a Hong Kong company, applied to set aside a default judgment obtained by NW Corp Pte Ltd after being served by registered post without court approval for service out of Singapore. The case turned on whether a contract clause permitted such service under Order 8 of the Rules of Court 2021. The Assistant Registrar set aside the regular "Naptha" judgment on the merits of the defence, found the "Gasoil" judgment irregular, and made no order as to costs.

What was NW Corp v HK Petroleum [2023] SGHCR 22 about?

It was an application by a Hong Kong-incorporated defendant before Assistant Registrar Perry Peh to set aside a default judgment, raising whether the claimant could serve process out of Singapore without court approval, decided on 27 December 2023.

What service-out question did [2023] SGHCR 22 consider?

The decision examined the requirements of a contract permitting service out of Singapore under O 8 r 1(3) of the Rules of Court 2021, which would dispense with the need for the court's approval to serve process abroad.

Statutes Cited

Cases Cited (10)

SG (2)
[2008] SGHC 36 [2023] SGHC 149
SLR (7)
[1990] 2 SLR(R) 348 [2006] 1 SLR(R) 658 [2007] 3 SLR(R) 537 [2008] 4 SLR(R) 907 [2014] 4 SLR 500 [2017] 2 SLR 850 [2023] 4 SLR 867
UK (1)
[1937] AC 473

Related cases

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Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHCR 22)