Ram Thayalan Raman Siv v Liew Yap Tong: Striking Out Action & Counterclaim in Motor Vehicle Collision Case
In Ram Thayalan Raman Siv and Another v Liew Yap Tong trading as Tong Heng Motor Work, the High Court of Singapore heard an appeal regarding the striking out of a separate action. The case arose from a motor vehicle collision between a lorry owned by Liew Yap Tong and a bus owned by Singapore Bus Services Limited (SBS). SBS initiated an action against Liew Yap Tong to recover damages, while Liew Yap Tong commenced a separate action against SBS and its driver, Ram Thayalan Siv, for damages to his lorry. SBS applied to strike out Liew Yap Tong's action, arguing it should have been a counterclaim in the initial suit. The High Court dismissed the appeal, allowing Liew Yap Tong's separate action to proceed, but noted concerns about the practice of having separate solicitors for related actions.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case regarding striking out a separate action related to a motor vehicle collision. The court dismissed the appeal, allowing the separate action to proceed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ram Thayalan Raman Siv | Defendant | Individual | Appeal dismissed with costs | Lost | Tan Cheng Yew |
| Liew Yap Tong trading as Tong Heng Motor Work | Plaintiff | Individual | Action allowed to proceed | Won | Audrey Wong |
| Singapore Bus Services Limited | Defendant | Corporation | Appeal dismissed with costs | Lost | Tan Cheng Yew |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Audrey Wong | Rayney Wong & Eric Ng |
| Tan Cheng Yew | Tan Jinhwee Eunice & Lim |
4. Facts
- A collision occurred between a lorry owned by Liew Yap Tong and a bus owned by Singapore Bus Services Limited (SBS).
- SBS commenced an action against Liew Yap Tong to recover damages to the bus.
- Liew Yap Tong commenced a separate action against SBS and its driver for damages to the lorry.
- SBS applied to strike out Liew Yap Tong's action, arguing it should have been a counterclaim.
- The Deputy Registrar and District Court dismissed SBS' application.
- SBS appealed to the High Court.
5. Formal Citations
- Ram Thayalan Raman Siv and Another v Liew Yap Tong trading as Tong Heng Motor Work, OS 93/2002, [2002] SGHC 177
6. Timeline
| Date | Event |
|---|---|
| Collision between lorry and bus on Jalan Boon Lay | |
| SBS commenced action against Liew Yap Tong | |
| Liew Yap Tong commenced action against SBS and Ram Thayalan Siv | |
| High Court dismissed SBS' appeal |
7. Legal Issues
- Striking out action
- Outcome: The court held that the separate action should not be struck out.
- Category: Procedural
- Sub-Issues:
- Incurring of more costs by separate action
- Nature of counterclaim
- Policy behind avoidance of multiple proceedings
- Counterclaim
- Outcome: The court held that the defendant was not obligated to bring his claim for damages by way of counterclaim.
- Category: Procedural
8. Remedies Sought
- Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Litigation
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yat Tung Investment Co Ltd v Dao Heng Bank | N/A | Yes | [1975] AC 581 | N/A | Cited for the proposition that failure to counterclaim can be an abuse of process, but distinguished by the court as the facts were different. |
| Talbot v Berkshire County Council | N/A | Yes | [1994] QB 290 | N/A | Cited regarding the principle of res judicata and preventing multiplicity of actions, but distinguished on the facts. |
| Henderson v Henderson | N/A | Yes | (1843) 3 Hare 100 | N/A | Cited for the rule requiring parties to present their whole case, but distinguished as the facts were different. |
| Ng Chee Hong & another v Toh Kouw and another | Court of Appeal | Yes | Ng Chee Hong & another v Toh Kouw and another (Civil Appeal No 6 of 1999) | Singapore | Considered the concept of res judicata and allowed a second action based on a cause of action arising from the same transaction as in the first action. |
| Lewis v Daily Telegraph (No 2) | English Court of Appeal | Yes | [1964] 2 QB 601 | England | Cited regarding consolidation of actions and separate legal representation, but distinguished on the facts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| O 15 r 2(1) Rules of Court | Singapore |
| O 4 r 1 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Striking out
- Counterclaim
- Multiplicity of proceedings
- Consolidation
- Abuse of process
15.2 Keywords
- Striking out
- Counterclaim
- Motor vehicle collision
- Civil procedure
- Singapore High Court
16. Subjects
- Civil Procedure
- Motor Vehicle Accident
17. Areas of Law
- Civil Procedure
- Striking out