Changhe International Investments Pte Ltd (fka Druidstone Pte Ltd) v Banque International A Luxembourg Bil (Asia) Ltd

Changhe International Investments Pte Ltd (fka Druidstone Pte Ltd) v Banque International A Luxembourg Bil (Asia) Ltd

The assistant registrar was correct to dismiss the plaintiffs' application for lack of jurisdiction because one assistant registrar cannot vary another's order; the defendants were entitled to perfect the unless order either by filing a registry request with a draft order or by making an inter partes application, and the 8 March 2000 order validly perfected and declared the effect of the unless order; the plaintiffs' remedy was to appeal, which they did not do, so the appeal is dismissed.

Citation
[2000] SGHC 158
Parties
Plaintiff/appellant: Changhe International Investments Pte Ltd (fka Druidstone Pte Ltd); Defendant/respondent: Banque International A Luxembourg Bil (Asia) Ltd
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
4 August 2000
Case Number
Suit 1725/1999
Procedural Posture
Civil Suit (suit 1725/1999) / Appeal From Assistant Registrar's Dismissal of Application; Interlocutory/pre Trial
Outcome
Appeal dismissed
Legal Topics
Unless Order, Perfection of Orders, Assistant Registrar Jurisdiction, Default on Unless Order, Inter Partes Applications
Source Language
English
Civil Procedure Case Management Judgments and Orders Jurisdiction Appeals Unless Order Perfection of Orders Assistant Registrar Jurisdiction +2 more

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Parties

Changhe International Investments Pte Ltd (fka Druidstone Pte Ltd)

Plaintiff/appellant

Banque International A Luxembourg Bil (Asia) Ltd

Defendant/respondent

Procedural Posture

Civil Suit (suit 1725/1999) / Appeal From Assistant Registrar's Dismissal of Application; Interlocutory/pre Trial

Legal Issues

  1. 1 Whether an assistant registrar has jurisdiction to vary or set aside another assistant registrar's order
  2. 2 Proper procedure to perfect an unless order following default
  3. 3 Whether defendants were entitled to apply inter partes to perfect an unless order

Ratio Decidendi

The assistant registrar was correct to dismiss the plaintiffs' application for lack of jurisdiction because one assistant registrar cannot vary another's order; the defendants were entitled to perfect the unless order either by filing a registry request with a draft order or by making an inter partes application, and the 8 March 2000 order validly perfected and declared the effect of the unless order; the plaintiffs' remedy was to appeal, which they did not do, so the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order of 8 March 2000 upheld