JACOB AGAM & Anor v BNP PARIBAS SA [2018] SGCA(I) 7 (5 October 2018)

JACOB AGAM & Anor v BNP PARIBAS SA [2018] SGCA(I) 7 (5 October 2018)

The appeal is deemed withdrawn under O 57 r 9(4) of the Rules of Court due to the Agams' egregious and unexcused non-compliance with mandatory procedural requirements, including failure to file the Record of Appeal and Core Bundle, and late filing of the Appellant's Case. The court found that both appellants were properly served with the application documents. No further extension of time is warranted, even considering their status as litigants in person, as the rules were clear, repeated indulgence was granted, and no good reason for non-compliance was provided.

Citation
[2018] SGCA(I) 7
Parties
Applicant/respondent: BNP Paribas SA; Appellant/respondent: Jacob Agam; Appellant/respondent: Ruth Agam
Jurisdiction
Singapore
Judgment Date
05 October 2018
Procedural Posture
Civil Appeal / Application for Declaration of Deemed Withdrawal of Appeal
Outcome
Application allowed. Appeal deemed withdrawn.
Legal Topics
Appeals, Deemed Withdrawal, Litigants in Person, Service of Documents
Civil Procedure Appeals Deemed Withdrawal Litigants in Person Service of Documents

Case Brief

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Parties

BNP Paribas SA

Applicant/respondent

Jacob Agam

Appellant/respondent

Ruth Agam

Appellant/respondent

Procedural Posture

Civil Appeal / Application for Declaration of Deemed Withdrawal of Appeal

Legal Issues

  1. 1 Whether the appeal should be deemed withdrawn under O 57 r 9(4) of the Rules of Court for non-compliance with procedural requirements
  2. 2 Whether the application documents were properly served on both appellants
  3. 3 Whether greater indulgence should be shown to litigants in person regarding compliance with procedural rules

Ratio Decidendi

The appeal is deemed withdrawn under O 57 r 9(4) of the Rules of Court due to the Agams' egregious and unexcused non-compliance with mandatory procedural requirements, including failure to file the Record of Appeal and Core Bundle, and late filing of the Appellant's Case. The court found that both appellants were properly served with the application documents. No further extension of time is warranted, even considering their status as litigants in person, as the rules were clear, repeated indulgence was granted, and no good reason for non-compliance was provided.

Court Disposition

Application allowed. Appeal deemed withdrawn.

Orders

  • The appeal is deemed withdrawn pursuant to Order 57 rule 9(4) of the Rules of Court.
  • Costs awarded to BNP Paribas SA on an indemnity basis.