LE NINH TIEN v RAINBOW FOREST ENTERPRISES LIMITED & 5 Ors

LE NINH TIEN v RAINBOW FOREST ENTERPRISES LIMITED & 5 Ors

Security for costs granted. The claimant is foreign with uncertain principal assets (possible Vietnam/Australia) making enforcement of a costs order difficult; the risk of leaving defendants with an unenforceable costs order tipped the balance in favour of SFC; the order would not oppressively stifle the claim; given the matter's fact‑intensive nature the appropriate pre‑trial security is 60% of the applicable Appendix G range for commercial pre‑trial costs, resulting in S$52,000 inclusive of work on SUM 2695 and disbursements; security to be provided as a solicitor's undertaking and further proceedings stayed until provided; applicants granted liberty to apply further.

Citation
[2025] SGHCR 3
Parties
Claimant: Le Ninh Tien; 1st Defendant: Rainbow Forest Enterprises Limited; 2nd Defendant: Stevean Goh Hwee Peng; 3rd Defendant: Lu Qianxiang; 4th Defendant: Gordon Roy Bate; 5th Defendant (asset‑holding Vehicle): Song Doc MV19 Pte Ltd; 6th Defendant / Counterclaimant: Truong Dinh Hoe
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
3 April 2025
Case Number
HC/OC 665/2024 ( HC/SUM 158/2025 )
Procedural Posture
Originating Claim (minority Oppression) / Summons for Security for Costs (sum 158 of 2025) Arising From OC 665 of 2024
Outcome
Security for costs granted in part; security ordered, stay of proceedings until provided, solicitor's undertaking required, liberty to apply for further SFC; costs awarded to applicants.
Legal Topics
Security for Costs, Minority Oppression, Injunctions, Enforcement of Foreign Judgments, Translation and Disbursements
Source Language
English
Civil Procedure Company Law Costs International Enforcement Security for Costs Minority Oppression Injunctions Enforcement of Foreign Judgments +1 more

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Parties

Le Ninh Tien

Claimant

Rainbow Forest Enterprises Limited

1st Defendant

Stevean Goh Hwee Peng

2nd Defendant

Lu Qianxiang

3rd Defendant

Gordon Roy Bate

4th Defendant

Song Doc MV19 Pte Ltd

5th Defendant (asset‑holding Vehicle)

Truong Dinh Hoe

6th Defendant / Counterclaimant

Procedural Posture

Originating Claim (minority Oppression) / Summons for Security for Costs (sum 158 of 2025) Arising From OC 665 of 2024

Legal Issues

  1. 1 Whether security for costs should be ordered against a foreign claimant under O 9 r 12(1)(a) ROC 2021
  2. 2 Appropriate quantum of security for costs
  3. 3 Whether ordering security would oppressively stifle the claimant's action

Ratio Decidendi

Security for costs granted. The claimant is foreign with uncertain principal assets (possible Vietnam/Australia) making enforcement of a costs order difficult; the risk of leaving defendants with an unenforceable costs order tipped the balance in favour of SFC; the order would not oppressively stifle the claim; given the matter's fact‑intensive nature the appropriate pre‑trial security is 60% of the applicable Appendix G range for commercial pre‑trial costs, resulting in S$52,000 inclusive of work on SUM 2695 and disbursements; security to be provided as a solicitor's undertaking and further proceedings stayed until provided; applicants granted liberty to apply further.

Court Disposition

Security for costs granted in part; security ordered, stay of proceedings until provided, solicitor's undertaking required, liberty to apply for further SFC; costs awarded to applicants.

Orders

  • Claimant to furnish security for costs of S$52,000 to the first to fourth defendants for all work in OC 665 up to set down, inclusive of SUM 2695 and disbursements.
  • Security to be provided in the form of a solicitor's undertaking on terms satisfactory to the applicants.