GONZALO GIL WHITE v ORO NEGRO DRILLING PTE. LTD. & 5 Ors

[2024] SGCA 9 Court of Appeal 22 March 2024 CA/CA 10/2023 70 min read
29 cases cited (20 SG, 9 foreign)

Outcome

Appeal dismissed

we dismissed the appeal with costs awarded in favour of the respondents in the aggregate sum of $30,000 all-in.

Source: [2024] SGCA 9, Court of Appeal, decided 22 March 2024. Read directly from the judgment.

Key facts

Court Court of Appeal
Decided
Judges Belinda Ang Saw Ean, Steven Chong, Sundaresh Menon
Charges / claim Companies, Conflict of Laws, Civil Procedure
Outcome Appeal dismissed
Sentence / award $30,000
Counsel Haridass Ho & Partners, Tan Kok Quan Partnership, Ajaib Hari Dass, Brian Larry Khoo, Grace Ho Jia Hui, Ragini d/o Parasuram, Seah Zhen Wei Paul, Siew Guo Wei, Tyronne Toh Jia-En

Source: [2024] SGCA 9, Court of Appeal, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (9)

Parties (7)

Case Significance

Gonzalo Gil White v Oro Negro Drilling Pte Ltd and others [2024] SGCA 9 was decided by the Court of Appeal of Singapore on 22 March 2024, following a hearing on 17 January 2024. The grounds of decision were delivered by Steven Chong JCA, sitting with Sundaresh Menon CJ and Belinda Ang Saw Ean JCA, in Civil Appeal No 10 of 2023. The respondents were six Singapore-incorporated companies — Oro Negro Drilling Pte Ltd, Oro Negro Decus Pte Ltd, Oro Negro Fortius Pte Ltd, Oro Negro Impetus Pte Ltd, Oro Negro Laurus Pte Ltd and Oro Negro Primus Pte Ltd — each owning a single offshore jack-up drilling rig deployed in Mexican waters. The appellant was Mr Gonzalo Gil White.

[2024] SGCA 9 explained

GONZALO GIL WHITE v ORO NEGRO DRILLING PTE. LTD. & 5 Ors ([2024] SGCA 9) is a Singapore judgment decided by the Court of Appeal on 22 March 2024. It is categorised under Companies, Conflict of Laws, and Civil Procedure. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2024] SGCA 9 about?

GONZALO GIL WHITE v ORO NEGRO DRILLING PTE. LTD. & 5 Ors ([2024] SGCA 9) is a Court of Appeal decision from 2024. Its published catchwords are “Companies — Memorandum and articles of association”, “Conflict of Laws — Restraint of foreign proceedings”, and “Civil Procedure — Injunctions — Prohibitory injunction to restrain breach of negative covenant”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2024] SGCA 9 consider?

The judgment refers to Civil Law Act (Cap 43), Insolvency, Restructuring and Dissolution Act, Restructuring and Dissolution Act, and Supreme Court of Judicature Act (Cap 322). The statutes cited are listed in full on this page, each linking to its primary text.

What was Gonzalo Gil White v Oro Negro Drilling [2024] SGCA 9 about?

The Court of Appeal addressed issues spanning a prohibitory injunction to restrain breach of a negative covenant, a company's memorandum and articles of association, and the restraint of foreign proceedings. The connection to Singapore arose because the six respondent companies were Singapore-incorporated, while the rigs were deployed in Mexican waters.

Which judges decided [2024] SGCA 9?

The Court of Appeal comprised Sundaresh Menon CJ, Steven Chong JCA and Belinda Ang Saw Ean JCA. Steven Chong JCA delivered the grounds of decision of the court. The appeal was heard on 17 January 2024 and decided on 22 March 2024.

Why did Oro Negro Drilling come before the Singapore courts ([2024] SGCA 9)?

The respondents were all Singapore-incorporated companies, each owning a single offshore jack-up drilling rig deployed in Mexican waters. The dispute traced to a decision by the respondents' directors to grant a power of attorney to lawyers in a Mexican law firm to commence restructuring proceedings in Mexico.

Statutes Cited

Cases Cited (29)

SLR (19)
[2000] 1 SLR(R) 786 [2002] 1 SLR(R) 1088 [2002] 1 SLR(R) 515 [2005] 1 SLR(R) 409 [2005] 3 SLR(R) 719 [2007] 1 SLR(R) 453 [2011] 1 SLR 524 [2012] 2 SLR 289 [2013] 3 SLR 409 [2017] 2 SLR 760 [2017] 2 SLR 997 [2018] 3 SLR 117 [2019] 1 SLR 732 [2020] 1 SLR 226 [2021] 1 SLR 1102 [2021] 2 SLR 180 [2023] 1 SLR 1 [2023] 1 SLR 349 [2024] 1 SLR 56
UK (9)
[1936] Ch 365 [1967] 1 AC 853 [1975] AC 396 [1983] 1 All ER 382 [1987] 3 All ER 316 [2007] 1 AC 508 [2011] 2 WLR 121 [2014] QB 458 [2021] UKSC 48

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGCA 9)