JOSEPH CLEMENT LOUIS AROKAISAMY v SINGAPORE AIRLINES LIMITED

JOSEPH CLEMENT LOUIS AROKAISAMY v SINGAPORE AIRLINES LIMITED

OS 1595 was struck out because it sought to re-litigate matters finally determined between the parties and is barred by cause of action estoppel/res judicata; the s 8 argument lacked merit and s 13(2) had already been held applicable; OS 1595 was time-barred; an extended civil restraint order under s 73C SCJA was warranted and granted for two years; costs were awarded to SIA in the sum of $10,000.

Citation
[2020] SGHC 150
Parties
Plaintiff (os 1595/2019); Defendant (os 490/2020): Joseph Clement Louis Arokaisamy; Defendant (os 1595/2019); Plaintiff (os 490/2020): Singapore Airlines Limited
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
23 July 2020
Case Number
HC/OS 1595/2019 ( HC/RA 87/2020 ) |HC/OS 490/2020
Procedural Posture
Originating Summons; Registrar's Appeal (appeal Against Striking Out) / Grounds of Decision Following Hearing on Strike Out and Restraint Application
Outcome
Appeal dismissed; OS 1595 struck out; Restraint OS (HC/OS 490/2020) allowed
Legal Topics
Inherent Powers, Striking Out, Vexatious Proceedings, Cause of Action Estoppel, Extended Civil Restraint Order, Limitation
Source Language
English
Civil Procedure Courts and Jurisdiction Res Judicata Employment Law Inherent Powers Striking Out Vexatious Proceedings Cause of Action Estoppel +2 more

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Parties

Joseph Clement Louis Arokaisamy

Plaintiff (os 1595/2019); Defendant (os 490/2020)

Singapore Airlines Limited

Defendant (os 1595/2019); Plaintiff (os 490/2020)

Procedural Posture

Originating Summons; Registrar's Appeal (appeal Against Striking Out) / Grounds of Decision Following Hearing on Strike Out and Restraint Application

Legal Issues

  1. 1 Whether OS 1595 re-litigates matters already finally decided and is barred by res judicata (cause of action estoppel)
  2. 2 Whether arguments based on s 8 and s 13(2) Employment Act have merit or were already decided
  3. 3 Whether OS 1595 is time-barred under the Limitation Act

Ratio Decidendi

OS 1595 was struck out because it sought to re-litigate matters finally determined between the parties and is barred by cause of action estoppel/res judicata; the s 8 argument lacked merit and s 13(2) had already been held applicable; OS 1595 was time-barred; an extended civil restraint order under s 73C SCJA was warranted and granted for two years; costs were awarded to SIA in the sum of $10,000.

Court Disposition

Appeal dismissed; OS 1595 struck out; Restraint OS (HC/OS 490/2020) allowed

Orders

  • Defendant (Mr Clement) is restrained from commencing any action or making any application in any court or subordinate court concerning matters involving or leading to DC Suit No. 4929 of 1997, DCA No. 17 of 2003, Civil Appeal No. 11 of 2004/C, Originating Motion No. 24 of 2004/X, Originating Summons No. 1310 of...
  • Any action or application commenced in contravention of the restraint is to be treated as struck out or dismissed without further order and without the need for any other party to be heard on the merits