PMA Credit Opportunities Fund and others v Tantono Tiny (representative of the estate of Lim Susanto, deceased)

PMA Credit Opportunities Fund and others v Tantono Tiny (representative of the estate of Lim Susanto, deceased)

Appellant failed to establish any triable issue; alleged breaches of Indonesian notarial formalities did not automatically invalidate the PG and, on the facts and expert evidence, the PG and spousal consent were enforceable; the allegations of mistake and lack of informed consent were sham, raised late and contradicted by surrounding circumstances; therefore summary judgment was properly granted and the appeal was dismissed.

Citation
[2011] SGHC 89
Parties
Respondents/plaintiffs: PMA Credit Opportunities Fund and others; Appellant/defendant: Tantono Tiny (representative of the estate of Lim Susanto, deceased)
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
11 April 2011
Case Number
Suit No 671 of 2009 (Registrar's Appeal No 18 of 2011)
Procedural Posture
Civil: Summary Judgment on Personal Guarantee / Registrar's Appeal From Assistant Registrar's Summary Judgment (ra 18/2011)
Outcome
Appeal dismissed; Assistant Registrar's summary judgment affirmed
Legal Topics
Summary Judgment (o.14), Personal Guarantee, Foreign Law (indonesian Law), Notarial Formalities, Spousal Consent, Mistake, Pleading Requirements
Source Language
English
Contract Civil Procedure Conflict of Laws Banking and Finance Notarial Law Summary Judgment (o.14) Personal Guarantee Foreign Law (indonesian Law) +4 more

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Parties

PMA Credit Opportunities Fund and others

Respondents/plaintiffs

Tantono Tiny (representative of the estate of Lim Susanto, deceased)

Appellant/defendant

Procedural Posture

Civil: Summary Judgment on Personal Guarantee / Registrar's Appeal From Assistant Registrar's Summary Judgment (ra 18/2011)

Legal Issues

  1. 1 Whether a defendant challenging an O.14 summary judgment application may rely on unpleaded defences
  2. 2 Whether the appellant established a triable issue to resist summary judgment
  3. 3 Whether non-compliance with Indonesian notarial requirements (Law No 30/2004 Arts 43,44) renders the guarantee void under Indonesian law

Ratio Decidendi

Appellant failed to establish any triable issue; alleged breaches of Indonesian notarial formalities did not automatically invalidate the PG and, on the facts and expert evidence, the PG and spousal consent were enforceable; the allegations of mistake and lack of informed consent were sham, raised late and contradicted by surrounding circumstances; therefore summary judgment was properly granted and the appeal was dismissed.

Court Disposition

Appeal dismissed; Assistant Registrar's summary judgment affirmed

Orders

  • Appeal dismissed with costs
  • Summary judgment of the Assistant Registrar affirmed