Yeoh Poh San v Won Siok Wan: Extension of Time to File Defence Pending Appeal on Stay of Proceedings

In Yeoh Poh San and Another v Won Siok Wan, the Singapore High Court considered the defendant's appeal for an extension of time to file a defence pending the determination of her appeal against the dismissal of her stay application. The High Court allowed the appeal, holding that the plaintiff's solicitor should not insist on the filing of the defence while an appeal on the stay application is pending, as it would defeat the purpose of the appeal.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court addressed the issue of extending the time for filing a defence pending an appeal on a stay of proceedings, ruling in favor of the defendant.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Yeoh Poh SanPlaintiffIndividualAppeal DismissedLost
Choo Lee ChinPlaintiffIndividualAppeal DismissedLost
Won Siok WanDefendantIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudicial CommisionerYes

4. Counsels

Counsel NameOrganization
KuppanchettiAlban Tay Mahtani & de Silva
Shanti SupramaniamAlban Tay Mahtani & de Silva
Andre ArulArul Chew & Partners

4. Facts

  1. Plaintiffs claimed money from the Defendant for alleged wrongful withdrawals from a joint bank account.
  2. The Writ of Summons was filed in the High Court in Singapore, and leave was obtained to serve it on the Defendant in Malaysia.
  3. Defendant applied for a stay of proceedings or dismissal based on multiplicity of proceedings or forum non conveniens.
  4. The stay application was dismissed by an Assistant Registrar.
  5. Defendant filed a Notice of Appeal to the judge-in-chambers against the dismissal of the stay application.
  6. Defendant applied for an extension of time to file her Defence pending the final determination of her stay application.

5. Formal Citations

  1. Yeoh Poh San and Another v Won Siok Wan, Suit 12/2002, RA 129/2002, [2002] SGHC 129

6. Timeline

DateEvent
Stay application dismissed by Assistant Registrar
Defendant filed Notice of Appeal to the judge-in-chambers
Notice of Appeal served on the Plaintiffs’ solicitors
Time for filing the Defence expired
Deputy Registrar granted Defendant an extension of time of 14 days to file her Defence
Appeal fixed for hearing
Appeal came up for hearing before Woo Bih Li JC
Decision Date

7. Legal Issues

  1. Extension of Time to File Defence
    • Outcome: The court allowed the appeal, granting an extension of time for the defendant to file her defence.
    • Category: Procedural
  2. Stay of Proceedings
    • Outcome: The court addressed the issue of whether the defendant should be required to file a defence while appealing the dismissal of her stay application.
    • Category: Procedural

8. Remedies Sought

  1. Monetary damages

9. Cause of Actions

  • Wrongful withdrawals of monies

10. Practice Areas

  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
The Jarguh SawitCourt of AppealYes[1998] 1 SLR 648SingaporeCited for the principle that a court must be properly seized of a matter before adjudicating on substantive issues and that disputing jurisdiction is a procedural issue.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Compromise order
  • Stay of proceedings
  • Extension of time
  • Forum non conveniens
  • Submission to jurisdiction

15.2 Keywords

  • Civil Procedure
  • Extension of Time
  • Stay of Proceedings
  • Appeal
  • Defence

17. Areas of Law

Area NameRelevance Score
Civil Procedure80
Civil Practice75
Compromise Order70
Judgments and Orders60
Jurisdiction50
Asset Recovery20
Arbitration15

16. Subjects

  • Civil Procedure
  • Judgments and Orders