L & M Concrete Specialists v United Eng Contractors: Vacation of Trial Dates Pending Appeal
In L & M Concrete Specialists Pte Ltd v United Eng Contractors Pte Ltd, the High Court of Singapore heard an appeal by L & M Concrete Specialists Pte Ltd against the Registrar's directions regarding trial dates. The plaintiffs sought to vacate the trial dates pending the outcome of their appeal against a decision on security for costs. The court dismissed the appeal, finding that the delay in applying for security for costs and the nature of the interlocutory application did not warrant halting the trial process. The court ordered L & M Concrete Specialists Pte Ltd to pay costs of $500 to United Eng Contractors Pte Ltd.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding vacation of trial dates was dismissed. The court considered the relevance of a pending appeal from an interlocutory application for security for costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| L & M Concrete Specialists Pte Ltd | Plaintiff, Appellant | Corporation | Appeal dismissed | Lost | |
| United Eng Contractors Pte Ltd | Defendant, Respondent | Corporation | Costs awarded | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Michael Low | J Koh & Co |
| Sean Tan | J Koh & Co |
| Rama Kasi | Raj Kumar & Rama |
4. Facts
- Plaintiffs sought to vacate trial dates pending appeal on security for costs.
- Defendants' counterclaim related to a separate project.
- Plaintiffs applied for security for costs 15 months after the counterclaim was filed.
- A High Court judge had already considered the security for costs application.
- Defendants were subject to a winding-up petition.
- Plaintiffs argued they would suffer prejudice due to the high costs of the trial.
5. Formal Citations
- L & M Concrete Specialists Pte Ltd v United Eng Contractors Pte Ltd, Suit 600131/2000, RA 600154/2001, [2001] SGHC 284
6. Timeline
| Date | Event |
|---|---|
| Writ of Summons | |
| Defence & Counterclaim | |
| Reply & Defence to Counterclaim | |
| Amended Defence & Counterclaim | |
| Amended Reply, Defence to Counterclaim and Counterclaim to Counterclaim | |
| List of Documents | |
| Inspection | |
| Objections to Contents | |
| Notice for Further Directions by Plaintiffs | |
| Plaintiff`s Application for security for costs fixed for hearing | |
| Orders made at further PTC | |
| Eng`s Affidavit (filed/served) in respect of security for costs hearing | |
| Further Affidavit by Plaintiff in respect of security for costs hearing | |
| Security for costs hearing | |
| Appeal hearing on security for costs before Justice J. Prakash | |
| Plaintiffs lodged an appeal against the judge`s decision | |
| Urgent PTC before Registrar | |
| Plaintiffs have lodged an appeal against my decision | |
| Decision Date | |
| Action fixed for trial |
7. Legal Issues
- Vacation of trial dates
- Outcome: The court dismissed the appeal to vacate the trial dates.
- Category: Procedural
- Security for costs
- Outcome: The court considered the pending appeal on security for costs but did not find it sufficient to warrant vacating the trial dates.
- Category: Procedural
8. Remedies Sought
- Vacation of trial dates
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Dickson Trading (S) v Transmarco | High Court | Yes | [1989] 2 MLJ 408 | Singapore | Distinguished regarding the application for an interim injunction pending appeal against dismissal. |
| Erinford Properties v Cheshire County Council | Chancery Division | Yes | [1974] Ch 261 | England and Wales | Cited regarding the principles for granting an interim injunction pending appeal. |
| Wilson v Church (No 2) | Chancery Division | Yes | [1879] 12 Ch D 454 | England and Wales | Cited for the principle that an appeal does not operate as a stay of proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
| O 23 r 1 of the Rules of Court |
| O 57 r 20 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Companies Act | Singapore |
| s 388 of the Companies Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Vacation of trial dates
- Security for costs
- Interlocutory application
- Winding-up petition
- Counterclaim
15.2 Keywords
- Vacation of trial dates
- Security for costs
- Appeal
- Interlocutory application
- Construction dispute
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 90 |
| Contract Law | 40 |
| Company Law | 20 |
| Bankruptcy | 10 |
| Jurisdiction | 10 |
16. Subjects
- Civil Procedure
- Construction Law