LONG WELL GROUP LIMITED & 3 Ors v COMMERZBANK AKTIENGESELLSCHAFT & 3 Ors

LONG WELL GROUP LIMITED & 3 Ors v COMMERZBANK AKTIENGESELLSCHAFT & 3 Ors

The appeal was dismissed because the plaintiffs failed to show that the arbitral award or the requested banking documents were relevant and necessary for the fair disposal of the case: the arbitration concerned obligations between the fourth defendant and a non‑party (Pertamina), admissions in that arbitration cannot be used as proof between different parties, the plaintiffs' own pleadings contradicted the claimed relevance of banking documents, the documents lacked temporal proximity to the alleged misrepresentations, and banking secrecy further militated against disclosure.

Citation
[2016] SGHC 158
Parties
Plaintiff/appellant: Long Well Group Limited; Plaintiff/appellant: PT Citrabumi Sacna; Plaintiff/appellant: Private Energy Pte Ltd; Plaintiff/appellant: First Power International Limited; Defendant/respondent: Commerzbank Aktiengesellschaft; Defendant/respondent: Commerz Asset Management Asia Pacific Pte Ltd; Defendant/respondent: Commerzbank Asset Management Asia Ltd; Defendant/respondent: Commerz Asia Best SPC
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
11 August 2016
Case Number
S 28/2012 ( HC/RA 207/2016 )
Procedural Posture
Civil Suit (commercial Dispute) / Appeal Against Assistant Registrar's Discovery Decision in High Court
Outcome
Appeal dismissed with costs reserved to the trial judge
Legal Topics
Discovery of Documents, Banking Secrecy, Relevance and Necessity, Arbitral Award Confidentiality, Misrepresentation, Breach of Contract, Agency
Source Language
English
Civil Procedure Banking Law Arbitration Contract Tort Negligence Evidence Discovery of Documents Banking Secrecy +5 more

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Parties

Long Well Group Limited

Plaintiff/appellant

PT Citrabumi Sacna

Plaintiff/appellant

Private Energy Pte Ltd

Plaintiff/appellant

First Power International Limited

Plaintiff/appellant

Commerzbank Aktiengesellschaft

Defendant/respondent

Commerz Asset Management Asia Pacific Pte Ltd

Defendant/respondent

Commerzbank Asset Management Asia Ltd

Defendant/respondent

Commerz Asia Best SPC

Defendant/respondent

Procedural Posture

Civil Suit (commercial Dispute) / Appeal Against Assistant Registrar's Discovery Decision in High Court

Legal Issues

  1. 1 Whether arbitral award and related documents are relevant and necessary for discovery
  2. 2 Whether findings or admissions in arbitration between non-parties are admissible or usable in subsequent proceedings
  3. 3 Whether requested banking documents are protected by banking secrecy provisions

Ratio Decidendi

The appeal was dismissed because the plaintiffs failed to show that the arbitral award or the requested banking documents were relevant and necessary for the fair disposal of the case: the arbitration concerned obligations between the fourth defendant and a non‑party (Pertamina), admissions in that arbitration cannot be used as proof between different parties, the plaintiffs' own pleadings contradicted the claimed relevance of banking documents, the documents lacked temporal proximity to the alleged misrepresentations, and banking secrecy further militated against disclosure.

Court Disposition

Appeal dismissed with costs reserved to the trial judge

Orders

  • Appeal dismissed
  • Costs reserved to the trial judge