Liberty Engineering Group Pte. Ltd. v Renault SAS [2024] SGCA(I) 7 (8 October 2024)

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

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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

  1. 1 Whether Alvance was a party to the Financial Support Agreement (FSA) under French law
  2. 2 Whether LEG is liable under the Guarantee for Alvance's debt to Renault
  3. 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.