[1998] SGHC 328

In the High Court of the Republic of Singapore

[1998] SGHC 328

Suit 1878/1997

Between

Lam Soon (Thailand) Co Ltd
Whang Tar Choung
Whang Tar Liang

… Plaintiff

And

Transpac Capital Pte Ltd

… Defendant

grounds of decision

This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports.

Lam Soon (Thailand) Co Ltd and Others v Transpac Capital Pte Ltd

[1998] SGHC 328

Suit 1878/1997
Amarjeet Singh JC
30 September 1998

1
Judgment :

2 GROUNDS OF JUDGMENT

4 Narrative

5 st

8 3. The 2nd and 3rdst

10 5. Pursuant to an Ex-Partend and 3rd

(ii) The Respondents did not make full and frank disclosure in their ex-parte

Decision7. Order 11(2)(a), amongst other things, states:Form 12 stating:(a) the grounds on which the application is made.’

13 x x x

14 Form 12 requires facts to be stated in support of the application.

"9. The Plaintiffs’ claim is to recover damagesthe breach of a Loan Agreementst

19 Divestment

Agreement in paragraph 12 as follows:

"12. In breach of the Divestment Agreement

20 damages Loan Agreement.

21 8.3 Although a copy of the Loan Agreement Divestment Agreement Divestment Agreement Divestment AgreementLoan Agreement

(i) that the agreement’s governing law was Singapore;

22 8.4 However, the divestment Divestment

AgreementDivestment Agreementsupercedes the Loan Agreement which shall cease to

be operative with immediate effectLoan Agreement

Divestment Agreement. Paragraph 3 of the Divestment AgreementDivestment Agreementstst

23 repaid in fullcommitment

feeLoan Agreement commitment feesLoan

Agreementcommitment

fee had nothing to do with the Appellants, his reply was:

"But I am also claiming it here against 1stdivestment took place, the 1st

25 10. The Respondents in applying for leave ex parteTransniko

Pte Ltd v Communication Technology Sdn Bhd [1996] 1SLR 580; Trafalgar Tours

Ltd v Henry

(ii) the fact that the unconverted loan had been fully paid and

29 Loan Agreement (which ceased to exist on the Divestment

AgreementDivestment Agreement dated 4 September 1995.

30 st

31 Divestment Agreement

32 forum conveniens.

34 Dated this 30th day of September 1998

35 AMARJEET SINGH

36 JUDICIAL COMMISSIONER

Amarjeet Singh JC

Philip Jeyaretnam assisted by Albert Leong (Helen Yeo & Partners) for the appellants/1st defendants
Devinder K Rai Harry Elias & Partners) for the respondents/plaintiffs