Bounty Resources Armenia Ltd v Li Haidong

Bounty Resources Armenia Ltd v Li Haidong

Leave to adduce the three further affidavits was refused because the expert opinions did not raise issues requiring foreign expert elucidation and the defendant's third affidavit was not credible; on the appeal, the defendant was precluded from challenging the plaintiff's authority to sue because he had acquiesced/consented by his conduct and negotiations with the plaintiff's director, and he failed to establish a prima facie defence or credible grounds to set aside the default judgment; accordingly both the summons for further affidavits and the registrar's appeal were dismissed with costs.

Citation
[2015] SGHC 188
Parties
Plaintiff/respondent: Bounty Resources Armenia Ltd; Defendant/appellant: Li Haidong
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
21 July 2015
Case Number
Suit No 1102 of 2014 (Registrar's Appeal No 114 of 2015 and Summons No 2282 of 2015)
Procedural Posture
Civil Litigation — Claim on Guarantee and Enforcement of Loan; Registrar's Appeal Against Assistant Registrar's Dismissal of Application to Set Aside Default Judgment; Summons for Leave to Adduce Further Affidavits / High Court Decision on Registrar's Appeal No 114 of 2015 and Summons No 2282 of 2015 (appeal From Ar; Interlocutory Applications Heard Together)
Outcome
Registrar's Appeal No 114 of 2015 dismissed; Summons No 2282 of 2015 (leave to adduce further affidavits) dismissed; application to set aside Default Judgment dismissed
Legal Topics
Setting Aside Default Judgment, Directors' Authority and Duomatic Principle, Admission of Fresh Evidence (ladd V Marshall), Interpretation of Facility Agreement (cl 8.2), Enforcement of Guarantee
Source Language
English
Company Law Civil Procedure Contract Law Evidence (admission of Fresh Evidence) Setting Aside Default Judgment Directors' Authority and Duomatic Principle Admission of Fresh Evidence (ladd V Marshall) Interpretation of Facility Agreement (cl 8.2) +1 more

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Parties

Bounty Resources Armenia Ltd

Plaintiff/respondent

Li Haidong

Defendant/appellant

Procedural Posture

Civil Litigation — Claim on Guarantee and Enforcement of Loan; Registrar's Appeal Against Assistant Registrar's Dismissal of Application to Set Aside Default Judgment; Summons for Leave to Adduce Further Affidavits / High Court Decision on Registrar's Appeal No 114 of 2015 and Summons No 2282 of 2015 (appeal From Ar; Interlocutory Applications Heard Together)

Legal Issues

  1. 1 Whether leave should be granted to adduce fresh affidavits including foreign expert evidence and new factual material
  2. 2 Whether the Default Judgment should be set aside under Order 13 r 8
  3. 3 Whether the plaintiff had authority to commence the action and whether the defendant was precluded from raising lack of authority (Duomatic principle/acquiescence)

Ratio Decidendi

Leave to adduce the three further affidavits was refused because the expert opinions did not raise issues requiring foreign expert elucidation and the defendant's third affidavit was not credible; on the appeal, the defendant was precluded from challenging the plaintiff's authority to sue because he had acquiesced/consented by his conduct and negotiations with the plaintiff's director, and he failed to establish a prima facie defence or credible grounds to set aside the default judgment; accordingly both the summons for further affidavits and the registrar's appeal were dismissed with costs.

Court Disposition

Registrar's Appeal No 114 of 2015 dismissed; Summons No 2282 of 2015 (leave to adduce further affidavits) dismissed; application to set aside Default Judgment dismissed

Orders

  • RA 114/2015 dismissed with costs to plaintiff
  • SUM 2282/2015 for leave to adduce further affidavits dismissed