COSMETIC CARE ASIA LIMITED & 4 Ors v SRI LINARTI SASMITO & 3 Ors

[2023] SGHCR 4 High Court Registrar 2 May 2023 HC/S 358/2022 ( HC/SUM 482/2023 )

11 cases cited (10 SG, 1 foreign) Cited by 2 cases

Key facts

Court	High Court Registrar
Decided	2 May 2023
Judge	Andre Sim
Charges / claim	Contract, Civil Procedure
Counsel	Omni Law LLC, Rajah & Tann Singapore LLP, Adrian Wong Soon Peng, Lim Si Cheng, Oommen Mathew, Sarah Sim Hui Li, See Wern Hao, Sia Bao Huei

Source: [2023] SGHCR 4, High Court Registrar, decided 2 May 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Contract — Breach Civil Procedure — Pleadings — Striking out Contract — Contractual terms — Interpretation Contract — Waiver by election — Inconsistent rights Civil Procedure — Pleadings — Striking out — Whether defendant can rely on unpleaded defence

Practice Areas

Contract Civil Procedure

Judges (1)

Andre Sim Delivered

Counsel (8)

Omni Law LLC Firm Rajah & Tann Singapore LLP Firm

Adrian Wong Soon Peng Counsel for the defendant

Lim Si Cheng Counsel for the plaintiff Oommen Mathew Counsel for the plaintiff

Sarah Sim Hui Li Counsel for the defendant

See Wern Hao Counsel for the plaintiff Sia Bao Huei Counsel for the defendant

Parties (9)

Cosmetic Care Asia Limited Plaintiff

Facial Care Services Pte Limited Plaintiff

Global Beauty International Pte. Limited Plaintiff

Hair System Management Pte Limited Plaintiff

OBM (Technical Services) Pte Limited Plaintiff

PT Cantiksindo Utama Defendant

PT Cosmeticindo Slimming Utama Defendant

PT Hairindo Pratama Defendant

Sri Linarti Sasmito Defendant

Case Significance

Cosmetic Care Asia Ltd and others v Sri Linarti Sasmito and others [2023] SGHCR 4 is a reserved judgment of Assistant Registrar Andre Sim in the General Division of the High Court, delivered on 2 May 2023 in Suit No 358 of 2022 (Summons No 482 of 2023). By SUM 482, the 1st to 4th defendants applied under O 18 r 19(1) of the Rules of Court (2014 Rev Ed) to strike out the entirety of the plaintiffs' action. The parties had earlier executed a settlement agreement resolving proceedings in Indonesia and Singapore; the plaintiffs alleged the defendants breached it by failing to make instalment payments, while the defendants claimed they were entitled to cease payment because the plaintiffs had themselves breached their discontinuance obligations. The catchwords cover striking out, an unpleaded defence, and contractual interpretation, breach and waiver by election.

Summary

Five related companies in the Cosmetic Care Group sued Ms Sri Linarti Sasmito and three Indonesian companies, alleging breach of a settlement agreement by failing to make instalment payments; the defendants claimed they could cease payments because the plaintiffs had themselves breached obligations to discontinue certain proceedings. The first to fourth defendants applied to strike out the entire action under Order 18 rule 19(1) of the Rules of Court 2014. The Assistant Registrar found no ground established and dismissed the application in its entirety.

What was the application in Cosmetic Care Asia Ltd and others v Sri Linarti Sasmito [2023] SGHCR 4?

The 1st to 4th defendants applied by Summons No 482 of 2023, under O 18 r 19(1) of the Rules of Court, to strike out the entirety of the plaintiffs' action before Assistant Registrar Andre Sim, decided on 2 May 2023.

What was the underlying dispute in [2023] SGHCR 4?

The parties had signed a settlement agreement ending proceedings in Indonesia and Singapore. The plaintiffs alleged the defendants breached it by failing to make instalment payments, while the defendants claimed they could cease payment because the plaintiffs had breached their discontinuance obligations.

Cases Cited (11)

SG (1)

[2018] SGHC 232

SLR (9)

[1991] 1 SLR(R) 844 [1997] 3 SLR(R) 649 [2008] 2 SLR(R) 786 [2012] 4 SLR 546 [2014] 2 SLR 1371 [2015] 5 SLR 1422 [2018] 1 SLR 317 [2019] 1 SLR 414 [2021] 5 SLR 738

UK (1)

[1970] 1 All ER 1094