Chong Long Hak Kee Construction Trading Co v IEC Global Pte Ltd: Stay of Proceedings & Arbitration
In Chong Long Hak Kee Construction Trading Co v IEC Global Pte Ltd, the High Court of Singapore heard an appeal by the defendant, IEC Global Pte Ltd, against the Assistant Registrar's decision to dismiss their application for a stay of proceedings in favor of arbitration. The plaintiff, Chong Long Hak Kee Construction Trading Co, claimed $399,199.32 for works carried out under a sub-contract. The court dismissed the defendant's appeal, finding that the defendant had taken a step in the proceedings by serving a 48-hour notice regarding its counterclaim, thus affirming its intention to pursue the matter in court rather than through arbitration.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Defendant's appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding stay of proceedings due to arbitration clause. Court dismissed stay, as defendant's actions affirmed court proceedings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chong Long Hak Kee Construction Trading Co | Plaintiff | Corporation | Judgment for Plaintiff | Won | |
| IEC Global Pte Ltd | Defendant, Appellant | Corporation | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sadique Marican | Tito Isaac and Co |
| Ng Siew Hoong | Peter Moe and Partners |
4. Facts
- Plaintiff claimed $399,199.32 for works carried out under a sub-contract.
- The sub-contract contained an arbitration clause.
- Defendant entered an appearance in the action.
- Defendant indicated intention to file application for stay of proceedings.
- Plaintiff served a 48-hour notice on the defendant to file and serve the Defence.
- Defendant filed its Defence and Counterclaim.
- Defendant gave its own 48-hour notice to the plaintiff in respect of its Counterclaim.
5. Formal Citations
- Chong Long Hak Kee Construction Trading Co v IEC Global Pte Ltd, Suit 527/2003, [2003] SGHC 234
6. Timeline
| Date | Event |
|---|---|
| Sub-contract signed | |
| Writ of summons filed | |
| Writ of summons served on defendant | |
| Defendant entered an appearance | |
| Pre-trial conference held | |
| Plaintiff served 48-hour notice on defendant | |
| Defendant filed Defence and Counterclaim | |
| Defendant filed application for stay of proceedings | |
| Assistant Registrar dismissed defendant’s application | |
| Defendant’s solicitors sent letter to plaintiff’s solicitors | |
| Plaintiff filed Defence to Counterclaim | |
| Defendant filed an appeal against the Assistant Registrar’s decision | |
| Appeal dismissed |
7. Legal Issues
- Stay of Court Proceedings
- Outcome: The court held that the defendant had taken a step in the proceedings, thus nullifying their right to apply for a stay.
- Category: Procedural
- Sub-Issues:
- Taking a step in proceedings
- Nullifying intention to arbitrate
8. Remedies Sought
- Monetary Damages
- Stay of Proceedings
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Arbitration
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yeoh Poh San & Anor v Won Siok Wan | High Court | Yes | [2002] 4 SLR 91 | Singapore | Cited for the principle that a plaintiff's solicitor should not insist on filing a Defence pending the hearing of an appeal for a stay of proceedings. |
| Ting Ung Tuang v Lau Tiong Ik Construction Sdn Bhd | High Court | Yes | [2001] 6 MLJ 318 | Malaysia | Cited to show that a Defence must be filed in every case. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Arbitration Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitration clause
- Stay of proceedings
- Step in proceedings
- 48-hour notice
- Defence
- Counterclaim
15.2 Keywords
- Arbitration
- Stay of proceedings
- Construction
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Arbitration | 90 |
| Civil Practice | 70 |
| Breach of Contract | 30 |
| Contract Law | 30 |
16. Subjects
- Arbitration
- Civil Procedure
- Construction Dispute