Ever Strategy Consultants Limited v PSA International Pte. Ltd. & 11 Ors

[2026] SGHC 76 High Court (General Division) 9 April 2026 • HC/OC 34/2024 ( HC/RA 193/2025,HC/RA 192/2025,HC/RA 191/2025 ) • 44 min read
7 cases cited

Catchwords

Civil Procedure — Striking Out Contract — Collateral Contracts

Practice Areas

Civil Procedure Contract

Judges (1)

Chua Lee Ming Delivered

Counsel (23)

Allen & Gledhill LLP Firm Audent Chambers LLC Firm Breakpoint LLC Firm Rajah & Tann Singapore LLP Firm Setia Law LLC Firm Danny Ong Counsel Defendant Jason Chan Counsel Defendant Jeremy Gan Counsel Defendant Jordan Tan Counsel Plaintiff Lee Eng Beng Counsel Defendant Lee Jin Loong Counsel Defendant Lim Jun Heng Counsel Plaintiff Melissa Mak Counsel Defendant Michael Chan Counsel Plaintiff Nicholas Poon Counsel Plaintiff Ong Ken Wei Counsel Defendant Shawn Tien Counsel Defendant Stanley Woo Counsel Defendant Teo Jason Counsel Defendant Tessa Teo Counsel Defendant Vellayappan Balasubramaniyam Counsel Defendant Victor Leong Counsel Plaintiff Wayne Yeo Counsel Defendant

Parties (13)

Balboa Hospitality Services Ltd. Defendant Corporación Crambo, S.A. Defendant Ever Strategy Consultants Limited Plaintiff Harder Road Inc. Defendant PSA Americas Pte. Ltd. Defendant PSA International Pte. Ltd. Defendant PSA Pacific Pte. Ltd. Defendant PSA Panama International Terminal, S.A. Defendant PSA Panama Pte. Ltd. Defendant Guillermo Liberman Defendant Tan Chong Meng Defendant Victor Diamond Defendant Yang David Antonius Defendant

Case Significance

Ever Strategy Consultants Limited v PSA International Pte. Ltd. & 11 Ors [2026] SGHC 76, decided on 9 April 2026 by Justice Chua Lee Ming, arose from Originating Claim No 34 of 2024 brought by Ever Strategy Consultants Limited against twelve defendants, including PSA International Pte. Ltd., PSA Americas Pte. Ltd., PSA Panama Pte. Ltd., PSA Pacific Pte. Ltd., PSA Panama International Terminal S.A., and associated individuals and entities. The defendants filed three separate striking-out summonses (SUM 783, SUM 781, and SUM 782). An Assistant Registrar dismissed those applications and permitted the claimant to amend its statement of claim, but Justice Chua allowed all three Registrar's Appeals (RA 191, RA 192, and RA 193), set aside the AR's orders, and struck out the claims against all defendants. The case turns on civil procedure — specifically striking out — and the law of collateral contracts, with the Limitation Act also in play. The claimant has appealed the striking-out decisions.

Summary

Ever Strategy Consultants Limited, a BVI investment holding company, brought claims against PSA International and related PSA group entities and Panamanian companies alleging breach of a collateral contract and conspiracy in connection with a port development project in Panama, but the defendants applied to strike out the claims for being legally and factually deficient. The registrar dismissed the striking-out applications and allowed amendments, but on appeal the High Court found the pleadings were so unclear and legally untenable—particularly on formation of any collateral contract and the alleged conspiracy—that they could not be saved by amendment. All three appeals were allowed and Ever Strategy's claims against all twelve defendants were struck out.

What did Justice Chua Lee Ming decide in Ever Strategy Consultants v PSA International [2026] SGHC 76?

Justice Chua Lee Ming allowed all three Registrar's Appeals filed by the twelve defendants, set aside the Assistant Registrar's dismissal of the striking-out applications, and struck out Ever Strategy Consultants Limited's claims against all defendants in Originating Claim No 34 of 2024.

Statutes Cited

Limitation Act (Cap 163)
s 6(1)(a)

Cases Cited (7)

SLR (7)
[2013] 4 SLR 193 [2014] 1 SLR 860 [2015] 1 SLR 875 [2015] 5 SLR 962 [2021] 5 SLR 738 [2022] 2 SLR 1018 [2023] 4 SLR 1133

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2026] SGHC 76)