Sherman Wong v Lim Kian Eng Carol: Appeal for Security of Costs and Stay of Proceedings

Sherman Wong appealed against the decision of Prakash J, which ordered him to return monies to the estate of Oh Helen Hing, of which Lim Kian Eng Carol and Oh Keng Hoe Edward are the executors. The respondents filed a motion requesting additional security for costs and a stay of proceedings pending payment of the judgment debt. Lai Siu Chiu J granted the application, ordering Wong to provide additional security for costs and pay certain judgment sums, failing which the appeal would be stayed. Wong has appealed this decision.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application granted; appellant ordered to provide additional security for costs and pay judgment sums.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding security for costs and stay of proceedings. The court ordered additional security for costs and payment of judgment debts.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Sherman WongAppellant, DefendantIndividualAdditional security for costs ordered; partial payment of judgment debt orderedPartial
Lim Kian Eng CarolRespondentIndividualApplication grantedWon
Oh Keng Hoe EdwardRespondentIndividualApplication grantedWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Morris YowDavid Chong & Co
Choi Yok HungBih Li & Lee

4. Facts

  1. Sherman Wong was the defendant in proceedings brought by the executors of Oh Helen Hing's estate.
  2. The respondents sought to recover monies they claimed belonged to the deceased.
  3. Prakash J delivered judgment in favor of the respondents, ordering Wong to return certain sums.
  4. Wong filed a notice of appeal against Prakash J's decision.
  5. The respondents filed a motion requesting additional security for costs and a stay of proceedings.
  6. Wong resides in Malaysia and did not file an affidavit to oppose the application.

5. Formal Citations

  1. Sherman Wong v Lim Kian Eng Carol and Another, CA 6/2001/Q, [2002] SGHC 63

6. Timeline

DateEvent
Will of Oh Helen Hing dated
Interest on $5.3m sum calculated from this date
Balance of $500,000 paid to the appellant
Death of Oh Helen Hing
Originating Summons No. 535 of 2000 filed
Judgment delivered by Prakash J in favour of the respondents
Appellant filed a notice of appeal
Respondents' solicitors requested additional security
Appellant refused request for additional security
Statutory notice of demand issued to the appellant
Respondents filed notice of motion
Application heard and granted
Decision Date
Deadline for payments ordered
Appeal fixed for hearing in the week commencing

7. Legal Issues

  1. Security for Costs
    • Outcome: The court ordered the appellant to provide additional security for costs.
    • Category: Procedural
  2. Stay of Proceedings
    • Outcome: The court ordered that further proceedings in the appeal be stayed pending payment of the judgment debt.
    • Category: Procedural

8. Remedies Sought

  1. Additional security for costs
  2. Stay of proceedings pending payment of judgment debt

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Appeals
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
O 57 r 3(4) of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Bankruptcy ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Security for costs
  • Stay of proceedings
  • Judgment debt
  • Executors
  • Estate
  • Beneficiary

15.2 Keywords

  • security for costs
  • stay of proceedings
  • appeal
  • judgment debt
  • estate
  • executors

17. Areas of Law

Area NameRelevance Score
Civil Procedure70
Security for Costs65
Appellate Practice60
Judgment Debt55
Estate Administration50
Stay of Execution45
Wills and Probate40
Beneficial Ownership35
Property Law30
Estoppel20

16. Subjects

  • Civil Procedure
  • Appeals
  • Costs