JUDGMENT

DECISION

Having considered the submissions of both the parties it is clear to me that the defendant's application can be disposed of under Enclosure 26 alone that is to say on the ground that there is no reasonable cause of action against the defendant.

The plaintiff's statement of claim is far from clear. If indeed it is the intention of the plaintiff to claim the sums due from the defendant in contract, it is clear that its statement of claim does not disclose a privity of contract between the plaintiff and the defendant as paragraph 8 of the statement of claim disclosed that it was the plaintiff's subsidiary UDL Marine Pte Ltd that had requested the OCBC bank to issue the counter guarantee to Perwira Affin Bank. It is trite that a subsidiary is a separate and distinct corporate personality from its holding company and therefore the proper person to make this claim against the defendant is UDL Marine Pte Ltd and not the plaintiff.

But if it is the intention of the plaintiff to institute this claim in quasi contract pursuant to section 71 of the Contracts Act 1950 , I could find no such element required to show the existence of such a contract being pleaded in the statement o