LEE TAT DEVELOPMENT PTE LTD v MANAGEMENT CORPORATION OF GRANGE HEIGHTS STRATA TITLE PLAN NO. 301

LEE TAT DEVELOPMENT PTE LTD v MANAGEMENT CORPORATION OF GRANGE HEIGHTS STRATA TITLE PLAN NO. 301

The Court declined to recognise a general tort of malicious prosecution in respect of civil proceedings and declined to recognise abuse of process as a new general tort in Singapore; applying principle and policy (finality, floodgates, chilling effect, available procedural remedies and coherence with privilege and...

Source-derived case information.

Citation
[2018] SGCA 50
Parties
Appellant/plaintiff: Lee Tat Development Pte Ltd; Respondent/defendant: Management Corporation of Grange Heights Strata Title Plan No 301
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
17 August 2018
Case Number
CA/CA 117/2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Malicious Prosecution, Malicious Falsehood, Trespass (land), Res Judicata/issue Estoppel, Finality of Judgments, Extension of Torts to Civil Proceedings
Source Language
english
Tort Civil Procedure Property Law Abuse of Process Malicious Prosecution Malicious Falsehood Trespass (land) Res Judicata/issue Estoppel +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lee Tat Development Pte Ltd

Appellant/plaintiff

Management Corporation of Grange Heights Strata Title Plan No 301

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether tort of malicious prosecution should be extended to civil proceedings in Singapore
  2. 2 Whether tort of abuse of process should be recognised in Singapore
  3. 3 Whether elements of malicious falsehood were established

Ratio Decidendi

The Court declined to recognise a general tort of malicious prosecution in respect of civil proceedings and declined to recognise abuse of process as a new general tort in Singapore; applying principle and policy (finality, floodgates, chilling effect, available procedural remedies and coherence with privilege and other doctrines) the court dismissed the appellant's claims on the merits (malicious prosecution, abuse of process, malicious falsehood and trespass) and upheld the High Court judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Parties to file written submissions on costs within 14 days, limited to 10 pages each