Quek Tiong Kheng and another v Chang Choong Khoon Mark and others

Quek Tiong Kheng and another v Chang Choong Khoon Mark and others

The summons failed because there was no ongoing appellate remedy after Coomaraswamy JC dismissed the appeals and the High Court would not entertain the substantive re-litigation sought; in the exercise of discretion and given the plaintiffs' impoverishment and the circumstances surrounding enforcement of taxed costs (including pending garnishee proceedings), the court dismissed the summons but made no order as to costs.

Citation
[2013] SGHC 36
Parties
First Plaintiff (applicant): Quek Tiong Kheng; Second Plaintiff: Lim Soon Boey; First Defendant/respondent: Chang Choong Khoon (Mark); Third Defendant/respondent: Oilpods Singapore Pte Ltd; Second Defendant/respondent: Karin Yan
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
14 February 2013
Case Number
District Court Appeal No 12 of 2012 (Summons No 5961 of 2012)
Procedural Posture
District Court Appeal (high Court) and Interlocutory Summons (summons No 5961 of 2012) / Interlocutory Summons Heard in High Court After Dismissal of Appeal to Coomaraswamy JC
Outcome
Summons dismissed
Legal Topics
Fraud, Misrepresentation, Sanderson/bullock Orders, Taxation of Costs, Adduction of Further Evidence, Garnishment of Bank Accounts, Finality of Appeals
Source Language
English
Civil Litigation Tort Contract Costs Procedure Remedies Enforcement (garnishee) Fraud Misrepresentation +5 more

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Parties

Quek Tiong Kheng

First Plaintiff (applicant)

Lim Soon Boey

Second Plaintiff

Chang Choong Khoon (Mark)

First Defendant/respondent

Oilpods Singapore Pte Ltd

Third Defendant/respondent

Karin Yan

Second Defendant/respondent

Procedural Posture

District Court Appeal (high Court) and Interlocutory Summons (summons No 5961 of 2012) / Interlocutory Summons Heard in High Court After Dismissal of Appeal to Coomaraswamy JC

Legal Issues

  1. 1 Whether the summons should succeed given no further appellate remedy after Coomaraswamy JC dismissed the appeals
  2. 2 Whether further documents/evidence could be admitted or relief granted at this stage
  3. 3 Whether costs should be ordered against the plaintiffs in light of prior taxation and garnishee proceedings

Ratio Decidendi

The summons failed because there was no ongoing appellate remedy after Coomaraswamy JC dismissed the appeals and the High Court would not entertain the substantive re-litigation sought; in the exercise of discretion and given the plaintiffs' impoverishment and the circumstances surrounding enforcement of taxed costs (including pending garnishee proceedings), the court dismissed the summons but made no order as to costs.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • No order as to costs