[1998] SGHC 349

In the High Court of the Republic of Singapore

[1998] SGHC 349

Suit 920/1998, SIC 4971/98

Between

Glencore International A G

… Plaintiff

And

Petromar Energy Resources 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.

Glencore International A G v Petromar Energy Resources Pte Ltd

[1998] SGHC 349

Suit 920/1998, SIC 4971/98
S Rajendran J
20 October 1998

1
Judgment :

2 (a) (i) Good arguable case.

3 Dynacast

(S) Pte Ltd v Lim Meng Siang & Ors [1989] SLR 840

10 (a) (ii) Risk of destruction of documents/dissipation of assets.

12 (b) Material non-disclosure.

14 (b) (i) Failure to disclose that Metro was challenging validity of the 7 February

1998 Agreement.

18 (b) (ii) The Plaintiffs use of an outdated ROC search to support their argument

that Metro and the Defendants were one and the same.

22 (b) (iii) Failure

to disclose that John Kilakos had no shares in Metro.

26 (b) (iv) Failure to disclose denials by the Defendants that it is part of Metro.

29 (c) Breach of undertaking by the Plaintiffs’ solicitors in the execution of

the orders.

32 (d) Abuse of process.

35 Hearsay.

39 Decision.

40 30. In Computerland Corp v Yew Seng Computers Pte Ltd [1991] 3 MLJ 201

42 S Rajendran

43 Judge

S Rajendran J

Belinda Ang SC with Hong Heng Leong (Ang & Pnrs) for the appellants/defendants
Vivian Ang with Corina Song (Allen & Gledhill) for the respondents/plaintiffs