Udenna Corporation v Pertamina International Marketing & Distribution Pte. Ltd.

[2024] SGCA(I) 9 Court of Appeal (International) 27 November 2024 • CA/OAS 3/2024 • 14 min read

6 cases cited

Key facts

Court	Court of Appeal (International)
Decided	27 November 2024
Judges	David Neuberger, Steven Chong
Charges / claim	Civil Procedure
Counsel	Prolegis LLC, Rajah & Tann Singapore LLP, Chan Kit Munn Claudia, Charlene Wee Swee Ting, Daniel Chia Hsiung Wen, Ho Linming, Jasmine Thng Khai Fang, Ker Yanguang, Ng Kim Beng, Sim Daryl Larry

Source: [2024] SGCA(I) 9, Court of Appeal (International), decided 27 November 2024 — eLitigation. Updated 25 June 2026.

Catchwords

Civil Procedure — Service — Setting aside

Practice Areas

Civil Procedure

Judges (2)

David Neuberger Coram Steven Chong Delivered

Counsel (10)

Prolegis LLC Firm Rajah & Tann Singapore LLP Firm Chan Kit Munn Claudia Counsel Respondent Charlene Wee Swee Ting Counsel Respondent Daniel Chia Hsiung Wen Counsel Respondent Ho Linming Counsel Applicant Jasmine Thng Khai Fang Counsel Applicant Ker Yanguang Counsel Respondent Ng Kim Beng Counsel Applicant Sim Daryl Larry Counsel Applicant

Parties (2)

Pertamina International Marketing & Distribution Pte. Ltd. Respondent Udenna Corporation Applicant

Case Significance

Udenna Corp v Pertamina International Marketing & Distribution Pte Ltd [2024] SGCA(I) 9 is a reserved judgment of the Court of Appeal, coram Steven Chong JCA and David Neuberger IJ, heard on 25 October 2024 and delivered on 27 November 2024 in Originating Application No 3 of 2024. The judgment was delivered by Steven Chong JCA. The application, CA/OAS 3/2024, was by Udenna Corporation for permission to appeal against the decision below in SIC/SUM 27/2024, which had dismissed Udenna's application to set aside the attempted service in the Philippines of the originating process in SIC/OA 23/2023. The judge below found that OA 23 was validly served, as evidenced by a "Sheriff's Return of Service of Judicial Documents to Udenna Corporation" issued by Sheriff IV. The judgment concerned civil procedure on service and setting aside, referenced s 19 of the International Arbitration Act 1994 and Order 23, Rule 10 of the Singapore International Commercial Court Rules 2021, and cited 6 authorities. Udenna was represented by Rajah & Tann Singapore LLP and Pertamina by Prolegis LLC.

Summary

Udenna Corporation applied for permission to appeal against a judge's dismissal of its application to set aside the attempted service in the Philippines of the originating process in proceedings by Pertamina International Marketing & Distribution Pte Ltd to recognise and enforce a SIAC arbitral award against Udenna as a third-party guarantor. Udenna contended that the judge had made errors of fact regarding the evidence of service and the address used. The Court of Appeal rejected those contentions, dismissed the application for permission to appeal, and ordered costs of USD 5,000 against Udenna.

What was Udenna Corp v Pertamina International Marketing & Distribution [2024] SGCA(I) 9 about?

Udenna Corp v Pertamina International Marketing & Distribution Pte Ltd [2024] SGCA(I) 9 was an application by Udenna Corporation, before Steven Chong JCA and David Neuberger IJ, for permission to appeal the dismissal of its application to set aside the attempted service of originating process on it in the Philippines.

How was service on Udenna in the Philippines established in [2024] SGCA(I) 9?

In Udenna Corp v Pertamina [2024] SGCA(I) 9, the judge below found that OA 23/2023 was validly served on Udenna in the Philippines, as evidenced by a certificate titled "Sheriff's Return of Service of Judicial Documents to Udenna Corporation" issued by Sheriff IV.