Liberty Engineering Group Pte. Ltd. v Renault SAS [2024] SGCA(I) 7 (8 October 2024)
Alvance became a party to the FSA by adherence under French law, as the initial parties to the FSA consented in advance to the addition of a substituted purchaser, and Alvance manifested acceptance by requesting and receiving funds and performing under the FSA. Consequently, Alvance was contractually bound to repay Renault under the FSA, and LEG's Guarantee was engaged according to its terms. LEG is liable to Renault for the outstanding debt of €5,250,025.61 under the Guarantee.
- Citation
- [2024] SGCA(I) 7
- Parties
- Appellant/guarantor: Liberty Engineering Group Pte Ltd; Respondent/lender: Renault SAS
- Jurisdiction
- Singapore
- Judgment Date
- 08 October 2024
- Procedural Posture
- Civil Appeal / Appeal From Singapore International Commercial Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Pleadings, Contractual Terms, Guarantees and Indemnities, French Contract Law, Adherence Doctrine, Assignment of Contracts
Case Brief
Summary, issues, holding and outcome
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Parties
Liberty Engineering Group Pte Ltd
Appellant/guarantor
Renault SAS
Respondent/lender
Procedural Posture
Civil Appeal / Appeal From Singapore International Commercial Court to Court of Appeal
Legal Issues
- 1 Whether Alvance was a party to the Financial Support Agreement (FSA) under French law
- 2 Whether LEG is liable under the Guarantee for Alvance's debt to Renault
- 3 Whether a separate contract arose between Alvance and Renault mirroring the FSA
Ratio Decidendi
Alvance became a party to the FSA by adherence under French law, as the initial parties to the FSA consented in advance to the addition of a substituted purchaser, and Alvance manifested acceptance by requesting and receiving funds and performing under the FSA. Consequently, Alvance was contractually bound to repay Renault under the FSA, and LEG's Guarantee was engaged according to its terms. LEG is liable to Renault for the outstanding debt of €5,250,025.61 under the Guarantee.
Court Disposition
Appeal dismissed
Orders
- LEG is to pay Renault the sum of €5,250,025.61 under the Guarantee, together with interest as provided in the FSA and Guarantee.
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