BACHMEER CAPITAL LIMITED v ONG CHIH CHING & 7 Ors [2018] SGHC(I) 1 (13 February 2018)

BACHMEER CAPITAL LIMITED v ONG CHIH CHING & 7 Ors [2018] SGHC(I) 1 (13 February 2018)

Leave to give evidence by video link should only be granted where there are sufficient reasons for the witness's inability to attend in person, the evidence is material, and technical and administrative arrangements are adequate; mere inconvenience is insufficient. In this case, Chairman Yang's inability to travel due to passport retention and medical condition justified video link evidence, but Mr Lee's inconvenience did not.

Citation
[2018] SGHC(I) 1
Parties
Plaintiff by Original Action: Bachmeer Capital Limited; 1st Defendant by Original Action, Plaintiff in Counterclaim: Ong Chih Ching; 2nd Defendant by Original Action, Plaintiff in Counterclaim: Leny Suparman; 3rd Defendant by Original Action: Dmitriy Shport; 4th Defendant by Original Action, Plaintiff in Counterclaim: KOP Properties Pte Ltd; 5th Defendant by Original Action: KOP Properties Shanghai Operation and Management Pte Ltd; 6th Defendant by Original Action: KOP Winterland Pte Ltd; 7th Defendant by Original Action, 4th Defendant in Counterclaim: KOP Properties (HK) Limited; 8th Defendant by Original Action, 5th Defendant in Counterclaim: KOP Management Services (Shanghai) Co., Ltd; 2nd Defendant in Counterclaim: Wang Xuan; 3rd Defendant in Counterclaim: Hu Bingxin
Jurisdiction
Singapore
Judgment Date
13 February 2018
Procedural Posture
Application Within Civil Suit / Interlocutory Application (evidence by Video Link)
Outcome
Application allowed in part
Legal Topics
Evidence by Video Link, Witness Attendance, Procedural Fairness
Civil Procedure Evidence by Video Link Witness Attendance Procedural Fairness

Case Brief

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Parties

Bachmeer Capital Limited

Plaintiff by Original Action

Ong Chih Ching

1st Defendant by Original Action, Plaintiff in Counterclaim

Leny Suparman

2nd Defendant by Original Action, Plaintiff in Counterclaim

Dmitriy Shport

3rd Defendant by Original Action

KOP Properties Pte Ltd

4th Defendant by Original Action, Plaintiff in Counterclaim

KOP Properties Shanghai Operation and Management Pte Ltd

5th Defendant by Original Action

KOP Winterland Pte Ltd

6th Defendant by Original Action

KOP Properties (HK) Limited

7th Defendant by Original Action, 4th Defendant in Counterclaim

KOP Management Services (Shanghai) Co., Ltd

8th Defendant by Original Action, 5th Defendant in Counterclaim

Wang Xuan

2nd Defendant in Counterclaim

Hu Bingxin

3rd Defendant in Counterclaim

Procedural Posture

Application Within Civil Suit / Interlocutory Application (evidence by Video Link)

Legal Issues

  1. 1 Whether leave should be granted for witnesses to give evidence by video link under s 62A of the Evidence Act

Ratio Decidendi

Leave to give evidence by video link should only be granted where there are sufficient reasons for the witness's inability to attend in person, the evidence is material, and technical and administrative arrangements are adequate; mere inconvenience is insufficient. In this case, Chairman Yang's inability to travel due to passport retention and medical condition justified video link evidence, but Mr Lee's inconvenience did not.

Court Disposition

Application allowed in part

Orders

  • Application for Chairman Yang to give evidence by video link granted.
  • Application for Mr Lee to give evidence by video link dismissed.