Key Points

a) In Nippon Catalyst Pte Ltd v PT Trans-Pacific Petrochemical Indotama and PT Pertamina [2018] SGHC 126 ("Nippon Catalyst"), the Singapore High Court had the opportunity to decide for the first time, that location of a plaintiff's Singapore bank account is insufficient to show that the plaintiff's claim is for the recovery of "damages suffered in Singapore" under Order 11 rule (1)(f)(ii) of the Rules of Court.

  • The Court agreed with the 2nd Defendant's submissions that the fact that the ultimate financial loss may have been felt by the Plaintiff in its principal place of business, where its bank accounts are located, does not mean that damage had occurred in that jurisdiction for the purpose of satisfying Order 11 rule (1)(f)(ii).

b) Further, given the unique factual matrix where the Plaintiff's claims against the two Defendants were not the same and where the two Defendants applied for different Court orders, this case presents an example of how the Singapore High Court took the lead in ensuring the efficient and fair resolution of the dispute as a whole.

Wong & Leow LLC successfully represented the 2nd Defendant in this case.

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