BCS BUSINESS CONSULTING SERVICES PTE LTD & 2 Ors v MICHAEL A. BAKER (EXECUTOR OF THE ESTATE OF CHANTAL BURNISON, DECEASED)
[2022] SGCA(I) 7 |
Decision Date: 21 Sep 2022 |
CA/CA 70/2021
of injuring Chantal and/or the Estate.The SICC therefore made orders in relation to the respondent’s claims for relief, including the taking of accounts. Proceedings in California and Singapore23 After Suit 3 was filed in November 2017, BCS commenced the Californian Proceedings on or around 8 August 2019. On 3 October 2019, the respondent and BCS Pharma (the defendants in the Californian Proceedings) applied for those proceedings to be dismissed on the basis of forum non conveniens. This, however, was disallowed by the US District Court on 17 April 2020. 24 On 24 June 2020, the
, focusing on the judicial estoppel claim. Decision on appeal9 The issuance of the ASI in the present case could be justified on two jurisdictional bases. First, an abuse of the forum’s court process, or the need to protect the processes, jurisdiction or judgments of the forum court. Second, vexatious and oppressive conduct, in that it would also be vexatious and oppressive to the respondent for BCS to seek to relitigate in the Californian Proceedings matters which were already decided between the parties by reason of the Suit 3 Judgment. Under the first jurisdictional basis, the grant of an ASI