Kotjo v Ng Wei Teck: Striking Out Claim for Unused Leave in Judicial Management
Johannes Budisutrisno Kotjo, the appellant, sued Ng Wei Teck Michael and others, the judicial managers of Van Der Horst Ltd, in the High Court of Singapore, regarding a claim for compensation for unconsumed leave after his employment was terminated. The assistant registrar struck out the claim, and Choo Han Teck JC dismissed the appeal, finding the claim misconceived based on the employment contract and the law. The court also addressed the liability of judicial managers in adopting employment contracts.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the striking out of a claim for unused leave. The court dismissed the appeal, finding the claim misconceived.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Johannes Budisutrisno Kotjo | Appellant | Individual | Appeal dismissed | Lost | Desmond Ong, Intekhab Khan |
| Ng Wei Teck Michael | Respondent | Individual | Appeal dismissed | Won | Ashok Kumar, Eugene Thuraisingam |
| Others | Respondent | Other | Appeal dismissed | Won | Ashok Kumar, Eugene Thuraisingam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Desmond Ong | J Koh & Co |
| Intekhab Khan | J Koh & Co |
| Ashok Kumar | Allen & Gledhill |
| Eugene Thuraisingam | Allen & Gledhill |
4. Facts
- The appellant was the executive chairman of Van Der Horst Ltd.
- Van Der Horst Ltd was placed under judicial management on 11 February 2000.
- The respondents were the judicial managers of Van Der Horst Ltd.
- The judicial managers terminated the appellant's employment on 17 August 2000.
- The appellant claimed compensation for 79 days of unconsumed leave.
- The respondents applied to strike out the appellant's claim for compensation for unconsumed leave.
5. Formal Citations
- Johannes Budisutrisno Kotjo v Ng Wei Teck Michael and Others, Suit 984/2000, [2001] SGHC 227
6. Timeline
| Date | Event |
|---|---|
| Employment contract signed | |
| Van Der Horst Ltd placed under judicial management | |
| Judicial managers terminated the employment of the appellant | |
| Suit 984 of 2000 filed | |
| Decision Date |
7. Legal Issues
- Striking out claim for compensation
- Outcome: The court upheld the decision to strike out the appellant's claim for compensation for unconsumed leave.
- Category: Procedural
- Related Cases:
- [2000] 3 SLR 26
- Hunt v Carey Canada Inc, Sup Ct Canada, 1990, Lexis 155
- Liability of judicial managers
- Outcome: The court held that the liability of the judicial managers on the contract arose from the time they adopted the contract to the time they disclaimed liability.
- Category: Substantive
- Related Cases:
- [1995] 2 AC 395
8. Remedies Sought
- Monetary compensation for unconsumed leave
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pacific Internet Ltd v Catcha.Com Pte Ltd | Unknown | Yes | [2000] 3 SLR 26 | Singapore | Cited for the principle that to succeed in striking out a claim, the respondents must show that there is an answer immediately destructive of the appellant’s claim. |
| Hunt v Carey Canada Inc | Supreme Court of Canada | Yes | Hunt v Carey Canada Inc, Sup Ct Canada, 1990, Lexis 155 | Canada | Cited for the principle that the fact that a pleading reveals an arguable, difficult or important point of law cannot justify striking out part of the statement of claim. |
| Powdrill v Watson | Unknown | Yes | [1995] 2 AC 395 | United Kingdom | Analysis of this case was adopted by the court regarding the history of related provisions in the UK Insolvency Acts of 1986 and 1994. |
13. Applicable Rules
| Rule Name |
|---|
| O 18 r 19 of the Rules of Court |
| O 14 r 12 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Companies Act (Cap 50, 1994 Ed) | Singapore |
| s 227I(1)(b) of the Companies Act, Ch 50 | Singapore |
| s 227I(3) of the Companies Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Judicial management
- Unconsumed leave
- Striking out
- Judicial managers
- Employment contract
- Shareholder action
- Disclaimer of liability
15.2 Keywords
- Striking out
- Unused leave
- Judicial management
- Employment contract
16. Subjects
- Civil Procedure
- Company Law
- Employment Law
- Insolvency
17. Areas of Law
- Civil Procedure
- Companies Law
- Insolvency Law
- Contract Law