Vatten International Pte Ltd v Chan Hong Seng: Stay of Appeal Due to Unpaid Costs
In a civil procedure case before the High Court of Singapore on 2003-01-17, Vatten International Pte Ltd (formerly known as Vatten Familj International Pte Ltd) sought a stay of appeal against Chan Hong Seng Engineering & Construction Pte Ltd due to the latter's failure to pay costs awarded in a prior suit. The court, presided over by Justice Choo Han Teck, granted Vatten's application, staying Chan Hong Seng's appeal, as the appeals were interrelated but Chan Hong Seng was unable to procure funds to pay the outstanding costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Vatten's application allowed and Chan Hong Seng Engineering & Construction Pte Ltd's appeal stayed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Stay of appeal granted to Vatten International as Chan Hong Seng failed to pay costs. The appeals were interrelated, concerning contract termination and payment variations.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Vatten International Pte Ltd | Appellant | Corporation | Application allowed | Won | Jinny Tan Ai Ling |
| Chan Hong Seng Engineering & Construction Pte Ltd | Respondent | Corporation | Appeal stayed | Lost | Tan Liam Beng, Yow Sue Joan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jinny Tan Ai Ling | Wee, Tay & Lim |
| Tan Liam Beng | Drew & Napier LLC |
| Yow Sue Joan | Drew & Napier LLC |
4. Facts
- Chan Hong Seng Engineering & Construction Pte Ltd lost the initial suit and was ordered to pay costs to Vatten International Pte Ltd.
- Both parties appealed different aspects of the trial judge's decision.
- Chan Hong Seng Engineering & Construction Pte Ltd was unable to pay the costs owed to Vatten International Pte Ltd.
- The two appeals are inter-related, concerning findings of fact regarding payment rates and contract termination.
5. Formal Citations
- Vatten Familj International Pte Ltd, CA 69/2002, NM 49/2002, [2003] SGHC 228
6. Timeline
| Date | Event |
|---|---|
| Chan Hong Seng Engineering & Construction Pte Ltd sued Vatten International Pte Ltd in Suit 1062 of 2000. | |
| Motion to stay Chan Hong Seng's appeal heard. | |
| Parties appeared before the judge again. | |
| Vatten's application allowed and Chan Hong Seng's appeal stayed. | |
| The two appeals are scheduled for hearing in the week beginning 20 January 2003. |
7. Legal Issues
- Stay of Appeal
- Outcome: The court granted the stay of appeal.
- Category: Procedural
- Sub-Issues:
- Failure to pay costs
8. Remedies Sought
- Stay of appeal
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of appeal
- Costs
- Inter-related appeals
- Variation of payment rates
- Termination of contract
15.2 Keywords
- Stay of appeal
- costs
- civil procedure
- construction
- Singapore
16. Subjects
- Civil Procedure
- Stay of Proceedings
- Appeals
17. Areas of Law
- Civil Procedure
- Appeal