Overseas Union Insurance Ltd v Home and Overseas Insurance Co Ltd: Appeal on Costs & Leave to Appeal
Overseas Union Insurance Ltd appealed to the High Court against a District Judge's decision regarding costs, specifically the need for leave to appeal. Home & Overseas Insurance Co Ltd applied to strike out the appeal. The High Court, presided over by Tay Yong Kwang JC, dismissed the appeal and refused leave to appeal, holding that leave to appeal was necessary but not warranted in this case. The case concerned the interpretation of section 21 of the Supreme Court of Judicature Act in relation to appeals on costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed; leave to appeal refused.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning leave to appeal against a District Judge's decision on costs. The High Court dismissed the appeal and refused leave to appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Overseas Union Insurance Ltd | Plaintiff, Respondent | Corporation | Appeal Dismissed | Lost | |
| Home and Overseas Insurance Co Ltd | Defendant, Applicant | Corporation | Application Dismissed | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Liew Teck Huat | Niru & Co |
| P Jeya Putra | Joseph Tan Jude Benny |
4. Facts
- A District Court suit was dismissed after a four-day trial, with costs to be taxed if not agreed.
- The Plaintiffs appealed the District Court's decision.
- The Defendants' bill of costs was taxed by the trial judge, acting as a Deputy Registrar.
- The Plaintiffs applied to a District Judge in Chambers to review the Deputy Registrar's decision.
- The District Judge dismissed the application with costs.
- The Plaintiffs appealed to the High Court but were directed to seek leave to appeal first.
- The District Judge refused the Plaintiffs leave to appeal.
5. Formal Citations
- Overseas Union Insurance Ltd v Home and Overseas Insurance Co Ltd, DC Suit 51197/1999, RA 600004/2002, OM 600011/2002, [2002] SGHC 83
6. Timeline
| Date | Event |
|---|---|
| District Court suit filed (DC Suit 51197/1999) | |
| District Judge dismissed application for review of taxation with costs fixed at $800 | |
| Plaintiffs appealed to the High Court against the District Judge’s decision | |
| Plaintiffs applied for leave to appeal | |
| District Judge refused the Plaintiffs leave to appeal | |
| Plaintiffs filed Registrar’s Appeal (RA 600004/2002) | |
| Defendants filed Originating Motion (OM 600011/2002) | |
| High Court decision |
7. Legal Issues
- Leave to Appeal
- Outcome: The court held that leave to appeal was necessary in this case, but refused to grant it.
- Category: Procedural
- Sub-Issues:
- Necessity of leave to appeal
- Timeliness of application for leave to appeal
- Computation of Time
- Outcome: The court held that the period of seven days in Order 55C rule 2 must be reckoned in accordance with Order 3 rule 2(5) and not the Interpretation Act.
- Category: Procedural
- Amount in Dispute
- Outcome: The court held that in the case of taxation of bills of costs, the 'amount in dispute' is not the substantive claim in the action.
- Category: Substantive
8. Remedies Sought
- Leave to appeal
- Striking out of appeal
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Thomas & Betts (S E Asia) Pte Ltd v Ou Tin Joon & Anor | Court of Appeal | Yes | [1998] 1 SLR 913 | Singapore | Followed regarding the computation of time for making an application under the Supreme Court of Judicature Act when the Act is silent on time. |
| Anthony s/o Savarimiuthu v Soh Chuan Tin | High Court | No | [1989] SLR 607 | Singapore | Referred to in the context of arguments regarding leave to appeal. |
| Augustine v Goh Siam Yong | Court of Appeal | Yes | [1992] 1 SLR 767 | Singapore | Followed regarding the determination of the 'amount in dispute' for the purpose of section 21 of the Supreme Court of Judicature Act in the context of taxation of bills of costs. |
| Abdul Rahman bin Shariff v Abdul Salim bin Syed | High Court | Yes | [1999] 4 SLR 716 | Singapore | Followed regarding the interpretation of 'amount in dispute or the value of the subject matter' in section 21 of the Supreme Court of Judicature Act. |
| Pandian Marimuthu v Guan Leong Construction Pte Ltd | High Court | No | [2001] 3 SLR 400 | Singapore | Referred to regarding the 'amount in dispute' in section 21 referring to the substantive claim and not the amount ordered as security for costs. |
| Goh Kim Heong and 4 Ors v AT & J Company Pte Ltd | High Court | No | [2001] 4 SLR 262 | Singapore | Referred to regarding the principles on granting leave to appeal. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court O 2 r 1 |
| Rules of Court O 3 r 2(5) |
| Rules of Court O 55C r 2 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 1999 Ed) s 21 | Singapore |
| Interpretation Act (Cap 1, 1999 Ed) s 50 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Leave to appeal
- Taxation of costs
- Amount in dispute
- Registrar's Appeal
- Originating Motion
- Supreme Court of Judicature Act
- Rules of Court
- Interpretation Act
15.2 Keywords
- appeal
- costs
- leave to appeal
- civil procedure
- Singapore
- High Court
- Supreme Court of Judicature Act
- Rules of Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 90 |
| Costs | 90 |
| Civil Procedure | 90 |
| Appeal | 70 |
| Statutory Interpretation | 50 |
16. Subjects
- Civil Procedure
- Appeals
- Costs