HILTON INTERNATIONAL MANAGE (MALDIVES) PVT LTD v SUN TRAVELS & TOURS PVT LTD

[2024] SGHC 119 High Court (General Division) 9 May 2024 • HC/OS 762/2017 ( HC/SUM 3256/2023,HC/SUM 3513/2022 ) • 24 min read

6 cases cited (5 SG, 1 foreign)

Catchwords

Contempt Of Court — Sentencing Contempt Of Court — Civil contempt

Practice Areas

Contempt Of Court

Judges (1)

Chua Lee Ming Delivered

Counsel (9)

Drew & Napier LLC Firm Rajah & Tann Singapore LLP Firm David Isidore Tan Huang Loong Counsel Plaintiff Jasmine Thng Khai Fang Counsel Plaintiff Loo Chuan Shen Don Counsel Defendant Mahesh Rai s/o Vedprakash Rai Counsel Defendant Poon Kin Mun Kelvin Counsel Plaintiff Soon Ser Jia Clarissa Counsel Defendant Toby Landau Counsel Plaintiff

Parties (2)

Hilton International Manage (Maldives) Pvt Ltd Plaintiff Sun Travels & Tours Pvt Ltd Defendant

Case Significance

Hilton International Manage (Maldives) Pvt Ltd v Sun Travels & Tours Pvt Ltd [2024] SGHC 119 is a grounds of decision delivered by Chua Lee Ming J in the General Division of the High Court on 9 May 2024, in Originating Summons No 762 of 2017 (Summonses Nos 3513 of 2022 and 3256 of 2023), following hearings across 17 and 21 July, 27 October and 27 November 2023, and 26 and 28 February 2024. In 2015, a Singapore-seated arbitral tribunal issued a partial award and a final award in favour of the plaintiff, Hilton International Manage (Maldives) Pvt Ltd, against the defendant, Sun Travels & Tours Pvt Ltd. After Hilton obtained leave to enforce the awards and entered judgment in Singapore, a Singapore court on 15 February 2021 ordered Sun Travels to pay the amounts due within three months (the Time-Fixing Order), which Sun Travels did not comply with. In 2022 Hilton filed HC/SUM 3513/2022 seeking committal orders against Sun Travels and its Chairman and Managing Director, Mr Ahmed Siyam Mohamed, alleging intentional breach of the Time-Fixing Order amounting to contempt of court under s 4(1)(a) of the Administration of Justice (Protection) Act 2016.

Summary

The plaintiff, Hilton International Manage (Maldives) Pvt Ltd, brought committal proceedings against the defendant, Sun Travels & Tours Pvt Ltd, and its Chairman and Managing Director, Mr Ahmed Siyam Mohamed, for failing to comply with a court order requiring payment of amounts due under a judgment that enforced arbitral awards. The General Division of the High Court found both Sun Travels and Siyam to be in contempt of court under the Administration of Justice (Protection) Act 2016, imposing a fine of $100,000 on Sun Travels and a suspended one-year term of imprisonment on Siyam. After the amounts due under the judgment were paid in full before the extended deadline, Siyam's imprisonment term was substituted with a fine of $100,000, and the court made various costs orders against Sun Travels and Siyam.

What was Hilton International Manage (Maldives) v Sun Travels [2024] SGHC 119 about?

It concerned committal proceedings for civil contempt brought by Hilton against Sun Travels & Tours Pvt Ltd and its Chairman Mr Ahmed Siyam Mohamed, over Sun Travels' failure to comply with a 15 February 2021 Time-Fixing Order to pay sums due under enforced Singapore arbitral awards.

What statutory provision did the contempt allegation rely on in [2024] SGHC 119?

Hilton alleged that Sun Travels had intentionally breached the Time-Fixing Order and committed contempt of court under s 4(1)(a) of the Administration of Justice (Protection) Act 2016. Chua Lee Ming J delivered the grounds of decision in the General Division of the High Court on 9 May 2024.