D.N.G FZE v PAYPAL PTE. LTD.

[2024] SGHC 65 High Court (General Division) 12 March 2024 • HC/S 758/2021 ( HC/RA 24/2024,HC/SUM 326/2024 ) • 85 min read
15 cases cited (11 SG, 4 foreign) Cited by 7 cases

Catchwords

Practice Areas

Judges (1)

Counsel (10)

Parties (2)

Case Significance

DNG FZE v PayPal Pte Ltd [2024] SGHC 65 was decided by the General Division of the High Court on 12 March 2024, with Goh Yihan J delivering the grounds of decision after hearings on 13 and 14 February 2024. The matter arose in Suit No 758 of 2021 and comprised Registrar's Appeal No 24 of 2024 and Summons No 326 of 2024. In HC/RA 24/2024, the plaintiff, D.N.G FZE, appealed against the decision of Assistant Registrar Randeep Singh Koonar to strike out its Statement of Claim (Amendment No 1) dated 13 December 2022 and its Reply and Defence to Counterclaim dated 6 September 2023, due to its breach of an unless order made on 15 December 2023 (the "Second Unless Order"). In HC/SUM 326/2024 the plaintiff applied to adduce further evidence at the hearing of the appeal. The court allowed SUM 326 but dismissed RA 24 on 14 February 2024, the central questions being whether the unless order had been breached and whether striking out was a proportionate response to that breach. The plaintiff was represented by Omni Law LLC and Solitaire LLP, and the defendant PayPal Pte Ltd by Drew & Napier LLC.

[2024] SGHC 65 explained

D.N.G FZE v PAYPAL PTE. LTD. ([2024] SGHC 65) is a Singapore judgment decided by the High Court (General Division) on 12 March 2024. It is categorised under Civil Procedure. Within this corpus it has since been cited by 7 other reported Singapore judgments, a measure of how often later decisions have referred to it. 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] SGHC 65 about?

D.N.G FZE v PAYPAL PTE. LTD. ([2024] SGHC 65) is a High Court (General Division) decision from 2024. Its published catchwords are “Civil Procedure — Striking Out — Whether unless order breached” and “Civil Procedure — Striking Out — Whether striking out is proportionate response to breach of unless order”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2024] SGHC 65 consider?

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

How influential is [2024] SGHC 65?

Within this corpus, [2024] SGHC 65 has been cited by 7 later reported Singapore judgments. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

DNG FZE, a company incorporated in the United Arab Emirates that sold products through online stores, appealed against an Assistant Registrar's decision to strike out its statement of claim and reply and defence to counterclaim for breaching an unless order, and also applied to adduce further evidence. The issues were whether the unless order had been breached and whether striking out was a proportionate response to that breach. The court allowed the application to adduce further evidence but dismissed the appeal, holding that the plaintiff had breached the unless order, had not shown the breach was unintentional or non-contumelious, and that striking out was a proportionate sanction; it awarded costs of $5,000 and $20,000 to the defendant.

What did the High Court decide in DNG FZE v PayPal Pte Ltd [2024] SGHC 65?

Goh Yihan J allowed the plaintiff's application to adduce further evidence (SUM 326) but dismissed Registrar's Appeal No 24 of 2024, upholding Assistant Registrar Randeep Singh Koonar's order striking out D.N.G FZE's pleadings for breach of the Second Unless Order made on 15 December 2023.

Why were D.N.G FZE's pleadings struck out in [2024] SGHC 65?

The pleadings were struck out due to D.N.G FZE's breach of an unless order made on 15 December 2023. The court considered whether the unless order had been breached and whether striking out was a proportionate response, dismissing the appeal against Assistant Registrar Koonar's decision.

Statutes Cited

Cases Cited (15)

SG (1)
[2023] SGHC 273
SLR (10)
[1998] 3 SLR(R) 833 [1999] 1 SLR(R) 361 [2000] 1 SLR(R) 368 [2008] 4 SLR(R) 1 [2013] 3 SLR 1179 [2013] 3 SLR 573 [2019] 1 SLR 499 [2019] 2 SLR 341 [2020] 2 SLR 308 [2022] 3 SLR 964
UK (4)
[1954] 1 WLR 1489 [1975] 1 WLR 603 [1992] 1 WLR 1196 [1997] 1 WLR 1666

Cited By (7)

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 65)