PT BAYAN RESOURCES TBK & Anor v BCBC SINGAPORE PTE LTD & Anor [2018] SGCA(I) 6 (29 August 2018)

PT BAYAN RESOURCES TBK & Anor v BCBC SINGAPORE PTE LTD & Anor [2018] SGCA(I) 6 (29 August 2018)

BR was under a continuing contractual obligation under the JV Deed and PLFA to ensure the supply of coal to KSC for the operation of the business, regardless of KSC's ability to pay or the plant's operational status. BR breached this obligation by instructing cessation of coal supply and by imposing a buyout...

Source-derived case information.

Citation
[2018] SGCA(I) 6
Parties
Appellant: PT Bayan Resources TBK; Appellant: Bayan International Pte Ltd; Respondent: BCBC Singapore Pte Ltd; Respondent: Binderless Coal Briquetting Company Pty Limited
Jurisdiction
Singapore
Judgment Date
29 August 2018
Procedural Posture
Civil Appeal / Appeal From Second Tranche Judgment
Outcome
appeal dismissed
Legal Topics
Breach of Contract, Interpretation of Contractual Terms, Remedies for Breach, Damages, Onus of Proof
Contract Evidence Breach of Contract Interpretation of Contractual Terms Remedies for Breach Damages Onus of Proof

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

PT Bayan Resources TBK

Appellant

Bayan International Pte Ltd

Appellant

BCBC Singapore Pte Ltd

Respondent

Binderless Coal Briquetting Company Pty Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Second Tranche Judgment

Legal Issues

  1. 1 Whether BR was obliged to procure and/or ensure the supply of coal to KSC during the relevant period under the JV Deed and/or PLFA
  2. 2 Whether BR breached its coal supply obligation and if so, whether such breach constituted a repudiation of the JV Deed
  3. 3 Whether BR repudiated the JV Deed by issuing the termination notice

Ratio Decidendi

BR was under a continuing contractual obligation under the JV Deed and PLFA to ensure the supply of coal to KSC for the operation of the business, regardless of KSC's ability to pay or the plant's operational status. BR breached this obligation by instructing cessation of coal supply and by imposing a buyout condition. These breaches constituted repudiatory breaches of the JV Deed. BCBCS did not repudiate the JV Deed. The quantum of damages and causation were reserved for further determination.

Court Disposition

appeal dismissed

Orders

  • BR found in repudiatory breach of JV Deed and PLFA
  • BCBCS did not repudiate the JV Deed