Tjong Very Sumito and others v Chan Sing En and others

Tjong Very Sumito and others v Chan Sing En and others

A plaintiff may be found ordinarily resident both inside and outside Singapore; O 23 r 1(1)(a) is engaged if the plaintiff is ordinarily resident out of the jurisdiction even if also ordinarily resident in Singapore; ordinary residence in Singapore is a significant factor in exercising the court's discretion but...

Source-derived case information.

Citation
[2011] SGCA 40
Parties
Appellants: Tjong Very Sumito and others; Respondents: Chan Sing En and others
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
15 August 2011
Case Number
Civil Appeal No 234 of 2010
Procedural Posture
Civil Appeal / Appeal Against High Court Order for Security for Costs (court of Appeal Decision)
Outcome
Appeal dismissed with costs
Legal Topics
Security for Costs, Ordinary Residence, Jurisdiction, Discretionary Relief, Enforcement of Costs, Mareva Injunction
Source Language
english
Civil Procedure Civil Litigation Security for Costs Ordinary Residence Jurisdiction Discretionary Relief Enforcement of Costs Mareva Injunction

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Parties

Tjong Very Sumito and others

Appellants

Chan Sing En and others

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order for Security for Costs (court of Appeal Decision)

Legal Issues

  1. 1 Whether a person can be ordinarily resident in more than one place for the purposes of O 23 r 1(1)(a) ROC
  2. 2 What is the proper rationale for jurisdiction under O 23 r 1(1)(a) ROC (amenability to process v availability of fund)
  3. 3 Whether a finding of ordinary residence in Singapore as well as abroad precludes jurisdiction under O 23 r 1(1)(a) ROC

Ratio Decidendi

A plaintiff may be found ordinarily resident both inside and outside Singapore; O 23 r 1(1)(a) is engaged if the plaintiff is ordinarily resident out of the jurisdiction even if also ordinarily resident in Singapore; ordinary residence in Singapore is a significant factor in exercising the court's discretion but does not defeat jurisdiction; on the facts the appellants were ordinarily resident outside Singapore and lacked fixed assets in Singapore so the Judge properly exercised his discretion to order security for costs.

Court Disposition

Appeal dismissed with costs

Orders

  • High Court order requiring appellants to provide security for costs to first respondent in the sum of SGD 35,000 (up to and including date for filing List of Documents) was upheld
  • High Court order requiring appellants to provide security for costs to second and third respondents in the sum of SGD 40,000 (up to and including date for filing List of Documents) was upheld