Olam Global Agri Pte Ltd v AAStar Trading Pte Ltd

wa-24nccarb-34-09-2024 High Court (Mahkamah Tinggi) 25 March 2025 • WA-24NCC(ARB)-34-09/2024 • 15 min read
4 cases cited (0 SG, 4 foreign)

Catchwords

Plaintiff’s Discovery Application - filed in support of the Plaintiff’s (“Olam Global”) Originating Summons herein to set aside the Final Appeal Award issued by the PORAM Appeal Board - whether the Discovery Documents were relevant and necessary – Appeal Board did not arrive at its decision premised on a finding that the Cargo Readiness Declarations were authentic and valid documents - the Appeal Board was alive to Olam Global's allegation of fraud but the majority were not persuaded by the relevancy of the fraud - the question of cargo readiness was immaterial to the findings in the Final Appeal Award - Appeal Board found in favour of AAStar based upon a construction of the Sales Contracts - the Documents Sought were therefore legally irrelevant and unnecessary to determination of the Originating Summons – by way of this discovery application Olan Global was really seeking to reopen the arbitrated dispute on the majority’s finding of a waiver through a backdoor appeal on the merits - Olam Global had not demonstrated that the Discovery Documents were of sufficient cogency and weight to be likely to have influenced the Appeal Board’s conclusion - Olam Global had failed to satisfy one of the conditions of the Ladd v Marshall Requirements - Enclosure 104 was dismissed with costs fixed at RM20,000.00 subject to payment of allocator.

Practice Areas

Civil Procedure

Judges (1)

Seow Hock Peng Delivered

Counsel (8)

Rahmat Lim & Partners Firm Skrine Firm Abd Azim Bin Abd Razak Counsel Plaintiff Chong Yee Leong Counsel Plaintiff Erica Wong Jia Chie Counsel Defendant Sivakumar Kanagasabai Counsel Defendant Tan Chuan Yi Counsel Plaintiff Tatvaruban Subramaniam Counsel Defendant

Parties (2)

AAStar Trading Pte Ltd Respondent Olam Global Agri Pte Ltd Applicant

Statutes Cited

Arbitration Act 2005 (Cap 646)
Rules of Court 2012

Cases Cited (4)

MY (4)
[2000] 4 MLJ 508 [2019] MLJU 1306 [2020] 4 MLJ 773 [2021] 1 MLJ 584

Judgment

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Read on eJudgment

Source: eJudgment (wa-24nccarb-34-09-2024)