Sinwa SS (HK) Co Ltd v Nordic International Ltd: Appealability of 'No Order' in Summary Judgment
Sinwa SS (HK) Co Ltd, the appellant, appealed against a High Court decision of 'no order' on its summary judgment application against Nordic International Ltd and Morten Innhaug, the respondents. The Court of Appeal of Singapore, presided over by Sundaresh Menon CJ, Andrew Phang Boon Leong JA, and Steven Chong J, dismissed the appeal, holding that it lacked jurisdiction under the Supreme Court of Judicature Act to hear the appeal. The case concerned a dispute over outstanding charter hire fees and the right to commence arbitration proceedings.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding a 'no order' decision on a summary judgment application. The court determined it lacked jurisdiction to hear the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Morten Innhaug | Respondent | Individual | Appeal Dismissed | Won | |
| Sinwa SS (HK) Co Ltd | Appellant | Corporation | Appeal Dismissed | Lost | |
| Nordic International Ltd | Respondent | Corporation | No Order | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Steven Chong | Judge | Yes |
4. Counsels
4. Facts
- Appellant applied for summary judgment against the Respondents.
- High Court made 'no order' on the summary judgment application.
- A partial award was made in the SIAC Arbitration, ordering the Appellant to sell its shares to the 2nd Respondent.
- The Judge gave the Appellant liberty to apply should it later have better evidence and arguments.
- The Appellant appealed against the part of the Judge’s decision that there be no order as to the Appellant’s application.
- The 2nd Respondent consented to the Appellant pursuing the claim against BGP under the Time Charter in the name of the 1st Respondent.
5. Formal Citations
- Sinwa SS (HK) Co Ltd v Nordic International Ltd and another, Civil Appeal No 108 of 2014, [2014] SGCA 63
6. Timeline
| Date | Event |
|---|---|
| Nordic International Limited entered into a time charter with BGP Geoexplorer Pte Ltd. | |
| Shareholders’ agreement signed between the Appellant and the 2nd Respondent. | |
| Sinwa Limited’s rights and obligations under the Agreement were novated to the Appellant. | |
| BGP, TGS, and NMPL entered into a memorandum of agreement. | |
| Notice of assignment of the Time Charter was signed between BGP and NGS. | |
| Appellant sent a letter of demand to BGP for outstanding charter hire fees. | |
| BGP’s solicitors responded, claiming rights and obligations had been assigned to NMPL. | |
| Appellant applied to the High Court vide OS 960/2009 for leave to bring an action on behalf of the 1st Respondent against the 2nd Respondent. | |
| Appellant commenced arbitration proceedings against BGP. | |
| 2nd Respondent applied to the High Court vide OS 22/2010 to restrain the BGP Arbitration. | |
| Appellant commenced Suit No 875 of 2010 against the 2nd Respondent. | |
| Lai Siu Chiu J dismissed OS 22/2010. | |
| BGP applied to the High Court vide OS 650/2011 for an order that the appointed arbitrator did not have jurisdiction. | |
| High Court decided OS 650/2011 in favor of BGP. | |
| 2nd Respondent commenced arbitration proceedings against the Appellant. | |
| Partial award was made in the SIAC Arbitration. | |
| Appellant sent the 2nd Respondent a notice of intention to apply for leave of court to commence arbitration proceedings against BGP. | |
| Appellant commenced Suit No 1166 of 2013 against the 1st Respondent, the 2nd Respondent, and BGP. | |
| Appellant filed Summons No 1544 of 2014 for summary judgment. | |
| BGP ceased to be a party to Suit 1166/2013. | |
| SUM 1544/2014 was heard before a High Court judge. | |
| Judge issued grounds of decision. | |
| Court of Appeal dismissed the appeal. |
7. Legal Issues
- Appealability of 'No Order' in Summary Judgment Application
- Outcome: The Court of Appeal held that it lacked jurisdiction to hear the appeal, as the 'no order' was effectively one that was caught by the Fourth Schedule of the SCJA.
- Category: Procedural
- Sub-Issues:
- Interpretation of Supreme Court of Judicature Act
- Purposive interpretation of statutes
- Jurisdiction of the Court of Appeal
8. Remedies Sought
- Order to commence arbitration proceedings
- Damages
9. Cause of Actions
- Breach of Contract
- Breach of Director's Duties
10. Practice Areas
- Commercial Litigation
- Arbitration
11. Industries
- Marine
- Logistics
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Dorsey James Michael v World Sport Group Pte Ltd | Court of Appeal | Yes | [2013] 3 SLR 354 | Singapore | Cited for the principle of statutory interpretation and the right to appeal interlocutory applications. |
| Wellmix Organics (International) Pte Ltd v Lau Yu Man | Court of Appeal | Yes | [2006] 2 SLR(R) 525 | Singapore | Cited to define the test of whether a given order was interlocutory or final. |
| OpenNet Pte Ltd v Info-communications Development Authority of Singapore | Court of Appeal | Yes | [2013] 2 SLR 880 | Singapore | Cited for the calibrated approach to streamline and restrict appeals to the Court of Appeal. |
| Nim Minimaart (suing as a firm) v Management Corporation Strata Title Plan No 1079 and others | High Court | Yes | [2014] 1 SLR 108 | Singapore | Cited regarding the question of whether leave was required to appeal to the Court of Appeal. |
| Citiwall Safety Glass Pte Ltd v Mansource Interior Pte Ltd | Court of Appeal | Yes | [2014] SGCA 61 | Singapore | Cited regarding the question of whether leave was required to appeal to the Court of Appeal. |
| Morten Innhaug v Sinwa SS (HK) Co Ltd and others | High Court | Yes | [2011] SGHC 20 | Singapore | Cited for the High Court's decision on the interpretation of the shareholders' agreement. |
| Woh Hup (Pte) Ltd and another v Turner (East Asia) Pte Ltd | High Court | Yes | [1985–1986] SLR(R) 503 | Singapore | Cited as an example where the court made 'no order' pursuant to summary judgment applications. |
| Brightside Mechanical & Electrical Services Group Ltd and another v Hyundai Engineering & Construction Co Ltd | High Court | Yes | [1988] 1 SLR(R) 1 | Singapore | Cited as an example where the court made 'no order' pursuant to summary judgment applications. |
| Aurum Building Services (Pte) Ltd v Greatearth Construction Pte Ltd | High Court | Yes | [1994] 2 SLR(R) 805 | Singapore | Cited as an example where the court made 'no order' pursuant to summary judgment applications. |
| Coop International Pte Ltd v Ebel SA | High Court | Yes | [1998] 1 SLR(R) 615 | Singapore | Cited as an example where the court made 'no order' pursuant to summary judgment applications. |
| Shunmugam Jayakumar and others v Jeyaretnam Joshua Benjamin and others | High Court | Yes | [1996] 2 SLR(R) 658 | Singapore | Cited as an example where the court made 'no order' pursuant to summary judgment applications. |
| Blenwel Agencies Pte Ltd v Tan Lee King | Court of Appeal | Yes | [2008] 2 SLR(R) 529 | Singapore | Cited for the principle that the Court of Appeal is a creature of statute. |
| Tohru Motobayashi v Official Receiver and another | Court of Appeal | Yes | [2000] 3 SLR(R) 435 | Singapore | Cited for the effect of an order of 'no order'. |
| Ho Kian Cheong v Ho Kian Guan and others | High Court | Yes | [2004] SGHC 104 | Singapore | Cited for the effect of an order of 'no order'. |
| Sinwa SS (HK) Co Ltd v Morten Innhaug | High Court | Yes | [2010] 4 SLR 1 | Singapore | Cited for the initial denial of leave to bring an action on behalf of the 1st Respondent against the 2nd Respondent. |
| Sinwa SS (HK) Co Ltd v Nordic International Ltd and others | High Court | Yes | [2014] SGHC 132 | Singapore | This is the High Court decision that was appealed. The current judgment is the grounds of decision for the appeal. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Summary judgment
- No order
- Interlocutory application
- Right of appeal
- Jurisdiction
- Time charter
- Arbitration
- Shareholders’ agreement
- Partial Award
- Leave to defend
15.2 Keywords
- summary judgment
- appeal
- jurisdiction
- arbitration
- no order
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Summary Judgement | 70 |
| Arbitration | 60 |
| Contract Law | 50 |
| Jurisdiction | 50 |
| Civil Procedure | 40 |
| Shipping Law | 40 |
| Appeal | 30 |
16. Subjects
- Civil Procedure
- Appeals
- Jurisdiction
- Arbitration