Roberto Building Material v Oversea-Chinese Banking Corp: Stay of Appeal & Single Judge Powers
In Roberto Building Material Pte Ltd v Oversea-Chinese Banking Corp Ltd, the Singapore Court of Appeal reviewed a decision by a single judge regarding the stay of an appeal. The court heard a motion by Roberto Building Material Pte Ltd, Tan Heng Yong, Ho Kit Sun, and Tan Heng How, the appellants, against Oversea-Chinese Banking Corp Ltd and Don Ho Mun-Tuke, the respondents. The appeal concerned the dismissal of the appellants' claims against the respondents for alleged breaches of duty. The single judge had ordered a stay of the appeal pending payment of taxed costs from the initial trial. The Court of Appeal allowed the motion, clarifying the scope of a single judge's powers under s 36(1) of the Supreme Court of Judicature Act and the circumstances under which a stay of appeal can be ordered.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal reviewed a single judge's decision to stay an appeal pending payment of taxed costs, clarifying the scope of judicial power.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Oversea-Chinese Banking Corp Ltd | Respondent | Corporation | Appeal Allowed | Lost | |
| Roberto Building Material Pte Ltd | Appellant | Corporation | Appeal Allowed | Won | |
| Tan Heng Yong | Appellant | Individual | Appeal Allowed | Won | |
| Ho Kit Sun | Appellant | Individual | Appeal Allowed | Won | |
| Tan Heng How | Appellant | Individual | Appeal Allowed | Won | |
| Don Ho Mun-Tuke | Respondent | Individual | Appeal Allowed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Judith Prakash | Judge | No |
| Tan Lee Meng | Judge | No |
4. Counsels
4. Facts
- Roberto owed OCBC approximately $32.9 million.
- OCBC appointed Mr. Don Ho as receiver and manager of Roberto on 22 April 2000.
- Roberto and the guarantors' claims against OCBC and Mr. Don Ho were dismissed with costs after a nine-day trial.
- The appellants filed their Notice of Appeal on 26 September 2002.
- The single Judge ordered the appellants to furnish further security for costs and pay the taxed costs of the trial below by 17 April 2003.
- The appellants provided the additional security but did not pay the taxed costs.
5. Formal Citations
- Roberto Building Material Pte Ltd and Others v Oversea-Chinese Banking Corp Ltd and Another, CA 100/2002, [2003] SGCA 21
6. Timeline
| Date | Event |
|---|---|
| Mr. Don Ho appointed receiver and manager of Roberto by OCBC | |
| Trial of the action began | |
| Trial of the action concluded | |
| Appellants filed Notice of Appeal | |
| Trial judge rendered Grounds of Decision | |
| Appellants filed their Case in the appeal | |
| Respondents filed their Cases | |
| Deadline set by Choo Han Teck J for appellants to furnish security and pay taxed costs | |
| Motion heard by the Court of Appeal | |
| Decision given by the Court of Appeal |
7. Legal Issues
- Stay of Appeal
- Outcome: The Court of Appeal held that the single judge's order for a stay of appeal pending payment of taxed costs was not warranted in the circumstances.
- Category: Procedural
- Sub-Issues:
- Failure to comply with order
- Non-payment of taxed costs
- Jurisdiction of Single Judge
- Outcome: The Court of Appeal clarified the scope of a single judge's powers under s 36(1) of the Supreme Court of Judicature Act.
- Category: Jurisdictional
- Inherent Jurisdiction
- Outcome: The Court of Appeal affirmed that it has inherent jurisdiction to require an appellant to pay the costs of the action below, on penalty of the appeal being stayed, but that this jurisdiction should only be invoked in exceptional circumstances.
- Category: Jurisdictional
8. Remedies Sought
- Review of Single Judge's Decision
- Discharge or Variation of Order
9. Cause of Actions
- Breach of Duty
10. Practice Areas
- Civil Litigation
11. Industries
- Banking
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Chiang Brothers Marble (S) Pte Ltd v Permasteelisa Pacific Holdings Ltd | Court of Appeal | Yes | [2002] 2 SLR 225 | Singapore | Cited regarding the interpretation of s 36(1) of the SCJA and the powers of a single judge. |
| J.H. Billington Ltd v Billington | King’s Bench Division | Yes | [1907] 2 KB 106 | England and Wales | Mentioned in relation to the inherent power of the court to order security for costs. |
| Re E.E. Manasseh | Straits Settlements Court of Appeal | Yes | [1938] SSLR 199 | Singapore | Mentioned in relation to the power of the court to order a stay of bankruptcy proceedings. |
| Wee Soon Kim Anthony v Law Society of Singapore | Court of Appeal | Yes | [2001] 4 SLR 25 | Singapore | Cited for the principle on how the inherent jurisdiction of the court should be exercised. |
| Nomura Regionalisation Venture Fund Ltd v Ethical Investments Ltd | High Court | Yes | [2000] 4 SLR 46 | Singapore | Cited as an example where the merits of the appeal are a relevant consideration. |
| M’Cabe v Bank of Ireland | House of Lords | Yes | (1889) 14 App Cas 413 | Ireland | Cited to illustrate the principle that a stay of proceedings may be ordered where the costs of a previous claim or proceedings have not been paid. |
| Sinclair v British Telecommunications plc | Court of Appeal | Yes | [2000] 2 All ER 461 | England and Wales | Cited to illustrate the principle that a stay of proceedings may be ordered where the costs of a previous claim or proceedings have not been paid. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 92 r 4 |
| Rules of Court O 57 r 3(4) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) s 36(1) | Singapore |
| Bankruptcy Ordinance s 95 | N/A |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of appeal
- Taxed costs
- Single judge
- Supreme Court of Judicature Act
- Inherent jurisdiction
- Security for costs
- Receiver and manager
15.2 Keywords
- Stay of appeal
- Single judge
- Civil procedure
- Inherent jurisdiction
- Security for costs
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Procedure | 90 |
| Appellate Practice | 70 |
| Jurisdiction | 60 |
16. Subjects
- Civil Procedure
- Appeals
- Jurisdiction
- Inherent Jurisdiction