Mulacek v Civelli: Appeal on Forum Non Conveniens and Anti-Suit Injunction in Breach of Contract and Fiduciary Duty Claims
Philippe Emanuel Mulacek appealed against the High Court's decision regarding forum issues in Suit 676 and Suit 1159, brought by Carlo Giuseppe Civelli and Aster Capital SA. The suits concerned breach of contract and fiduciary duty claims. The Court of Appeal dismissed Mulacek's appeals, upholding the stay of his counterclaim in Suit 676 and the refusal to grant an anti-suit injunction to restrain Civelli from pursuing proceedings in Texas. The court ordered Mulacek to pay costs and disbursements.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeals dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal dismissed Mulacek's appeal, upholding the High Court's decision to stay his counterclaim and refuse an anti-suit injunction regarding breach of contract and fiduciary duty claims.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Carlo Giuseppe Civelli | Respondent, Plaintiff | Individual | Appeal Dismissed | Won | |
| Aster Capital SA (Ltd) Panama | Respondent, Plaintiff | Corporation | Appeal Dismissed | Won | |
| Philippe Emanuel Mulacek | Appellant, Defendant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge of Appeal | No |
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
4. Facts
- Civelli commenced Suit 676 against Mulacek to recover around US$3.7m for breach of two cash loan agreements.
- Mulacek's defence is that the US$3.7m was not a loan but a disbursement on a beneficiary’s request.
- Mulacek brought a counterclaim against Civelli for US$113m, alleging breach of fiduciary duty and breach of trust.
- Civelli commenced Suit 1159 against Mulacek to recover damages and an account of proceeds in relation to the sale of shares.
- Civelli alleged that he entered into a share loan agreement with Mulacek and transferred shares to a lawyer's trust account.
- Civelli commenced proceedings in the United States District Court for the Southern District of Texas.
- The claims in the First Amended Complaint subsumed the Singapore claims of breach of cash loan and share loan agreements.
5. Formal Citations
- Mulacek, Philippe Emanuel v Civelli, Carlo Giuseppe and another matter, , [2020] SGCA 59
6. Timeline
| Date | Event |
|---|---|
| Civelli commenced Suit 676 against Mulacek. | |
| Civelli commenced Suit 1159 against Mulacek. | |
| Civelli commenced proceedings in the United States District Court for the Southern District of Texas. | |
| Process served in Texas proceedings. | |
| Chase parties filed a motion to dismiss the Texas proceedings. | |
| Civelli filed a First Amended Complaint in Texas. | |
| Mulacek filed a motion to dismiss the First Amended Complaint. | |
| Texas court denied Mulacek's motion to dismiss. | |
| Mulacek filed his Answer and Counterclaim to the First Amended Complaint. | |
| Mulacek filed a motion to stay the Texas proceedings in favor of Singapore. | |
| Texas court dismissed Mulacek's motion to stay. | |
| Judge rendered her decision allowing Civelli’s forum non conveniens application and dismissing Mulacek’s application for an anti-suit injunction. | |
| Appeals dismissed with costs. | |
| Grounds of decision published. |
7. Legal Issues
- Forum Non Conveniens
- Outcome: The court held that Texas was the more appropriate forum for the dispute.
- Category: Procedural
- Related Cases:
- [2019] 2 SLR 372
- Anti-Suit Injunction
- Outcome: The court refused to grant an anti-suit injunction to restrain Civelli from pursuing proceedings in Texas.
- Category: Procedural
- Related Cases:
- [2019] 2 SLR 372
8. Remedies Sought
- Monetary Damages
- Account of Proceeds
- Anti-Suit Injunction
9. Cause of Actions
- Breach of Contract
- Breach of Fiduciary Duty
- Breach of Trust
10. Practice Areas
- Commercial Litigation
- International Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lakshmi Anil Salgaocar v Jhaveri Darsan Jitendra | N/A | No | [2019] 2 SLR 372 | Singapore | Cited regarding considerations in deciding whether to grant an anti-suit injunction and the natural forum enquiry. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Forum Non Conveniens
- Anti-Suit Injunction
- Asset Management Agreement
- Breach of Fiduciary Duty
- Breach of Trust
- Cash Loan Agreement
- Share Loan Agreement
- Purported Beneficiaries
15.2 Keywords
- Forum Non Conveniens
- Anti-Suit Injunction
- Breach of Contract
- Breach of Fiduciary Duty
- Singapore
- Texas
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Natural forum | 90 |
| Conflict of Laws | 90 |
| Restraint of foreign proceedings | 80 |
| Civil Procedure | 60 |
| Asset Recovery | 30 |
| Trust Law | 30 |
| Fiduciary Duties | 30 |
16. Subjects
- Conflict of Laws
- Civil Procedure
- Contract Law
- Trust Law
- Fiduciary Duty
- Forum Non Conveniens
- Anti-Suit Injunction