United Engineers v Lee Lip Hiong: Extension of Time for Summary Judgment Application
United Engineers (Singapore) Pte Ltd brought an action against Lee Lip Hiong, Tan King Hiang, and Sin Yong Contractor Pte Ltd (SYC) to recover secret commissions. Both United Engineers and SYC applied for extensions of time to file summary judgment applications. The High Court of Singapore, Joyce Low Wei Lin AR, denied the applications, holding that Order 14 Rule 14 of the Rules of Court is a written law relating to limitation, and the court lacked the power to grant the extensions sought. SYC had a counterclaim against United Engineers for payment for works done on their contracts.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Applications for extensions of time to file and serve summonses for summary judgment under Order 14 of the Rules of Court were refused.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Applications for extension of time to file summary judgment were denied. The court held that O 14 r 14 is a written law relating to limitation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| United Engineers (Singapore) Pte Ltd | Plaintiff, Applicant | Corporation | Application Dismissed | Lost | Adrian Wong |
| Lee Lip Hiong | Defendant | Individual | Successful Opposition | Won | Foo Yuk Lin |
| Tan King Hiang | Defendant | Individual | Neutral | Neutral | |
| Sin Yong Contractor Pte Ltd | Defendant, Applicant | Corporation | Application Dismissed | Lost | H T Sam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Joyce Low Wei Lin | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Adrian Wong | Rajah & Tann |
| Foo Yuk Lin | Foo Chia Partnership |
| H T Sam | H T Sam & Co |
4. Facts
- United Engineers sought to recover secret commissions allegedly paid to Lee by Tan to secure contracts.
- SYC counterclaimed against United Engineers for payment for works done on their contracts.
- United Engineers and SYC applied for extensions of time to file summary judgment applications.
- The pleadings in the action were deemed to be closed on 9 March 2004.
- Order 14 Rule 14 of the Rules of Court states that no summons shall be filed more than 14 days after the pleadings are deemed closed.
5. Formal Citations
- United Engineers (Singapore) Pte Ltd v Lee Lip Hiong and Others, Suit 13/2004, [2004] SGHC 153
6. Timeline
| Date | Event |
|---|---|
| United Engineers commenced action against Lee, Tan, and SYC. | |
| Pleadings in the action were deemed to be closed. | |
| United Engineers applied to extend time to file and serve a summons. | |
| SYC applied to extend time to file and serve an application for summary judgment. | |
| Applications for extensions of time were refused. |
7. Legal Issues
- Extension of Time
- Outcome: The court held that it did not have the power to grant extensions of time to file and serve a summons under Order 14.
- Category: Procedural
- Related Cases:
- [1911] 2 KB 566
- [2003] SGCA 50
- Inherent Jurisdiction
- Outcome: The court held that the present case was not an appropriate one for the exercise of the court’s inherent powers in favor of United Engineers and SYC.
- Category: Jurisdictional
- Related Cases:
- [2003] SGCA 50
- [2001] 4 SLR 25
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Recovery of secret commissions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Gregory v Torquay Corporation | divisional court | Yes | [1911] 2 KB 566 | England | Cited to determine what amounts to a statute of limitations. |
| Samsung Corporation v Chinese Chamber Realty and Others | Court of Appeal | Yes | [2003] SGCA 50 | Singapore | Cited regarding the exercise of the court’s inherent powers to override a provision of the Rules. |
| Wee Soon Kim Anthony v Law Society of Singapore | unknown | Yes | [2001] 4 SLR 25 | Singapore | Cited regarding the essential touchstone for invoking the inherent jurisdiction of the court. |
| The Siskina | unknown | Yes | [1979] AC 210 | unknown | Cited regarding the court's role in relation to the Rules Committee. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
| Order 14 Rule 14 of the Rules of Court |
| Order 3 Rule 4(1) of the Rules of Court |
| Order 92 Rule 4 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act | Singapore |
| Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Extension of time
- Summary judgment
- Inherent jurisdiction
- Written law relating to limitation
- Order 14 Rule 14
- Rules of Court
15.2 Keywords
- extension of time
- summary judgment
- inherent jurisdiction
- limitation
- rules of court
16. Subjects
- Civil Procedure
- Limitation of Actions
17. Areas of Law
- Civil Procedure
- Contract Law