United Engineers v Lee Lip Hiong: Striking Out Summary Judgment Application for Breach of Rules of Court
In United Engineers (Singapore) Pte Ltd v Lee Lip Hiong, Tan King Hiang, and Sin Yong Contractor Pte Ltd, the High Court of Singapore heard an application by Lee Lip Hiong to strike out United Engineers' application for summary judgment and an application by Sin Yong Contractor Pte Ltd for summary judgment on their counterclaim. AR Joyce Low granted the application to strike out, holding that an amendment to the pleadings did not revive the parties' right to file for summary judgment after the expiration of the time limit prescribed by the Rules of Court.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application to strike out summary judgment granted.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application to strike out summary judgment due to breach of Rules of Court. The court granted the application, finding the amendment did not revive the right to file.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| United Engineers (Singapore) Pte Ltd | Plaintiff | Corporation | Prayer for summary judgment struck out | Lost | Adrian Wong |
| Lee Lip Hiong | Defendant | Individual | Application granted | Won | Foo Yuk Lin |
| Tan King Hiang | Defendant | Individual | Neutral | Neutral | |
| Sin Yong Contractor Pte Ltd | Defendant | Corporation | Application set aside | 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 and Tann |
| Foo Yuk Lin | Foo Chia Partnership |
| H T Sam | H T Sam and Company |
4. Facts
- United Engineers commenced an action against Lee Lip Hiong, Tan King Hiang, and Sin Yong Contractors Pte Ltd.
- Sin Yong Contractors Pte Ltd pleaded a counterclaim against United Engineers.
- Pleadings were deemed closed on 9 March 2004.
- The last day for filing an Order 14 application was 23 March 2004.
- United Engineers and Sin Yong Contractors Pte Ltd applied for extensions of time to file Order 14 applications.
- Sin Yong Contractors Pte Ltd applied to amend their counterclaim.
- The court gave leave to amend the counterclaim and permitted United Engineers to file an amended Reply and Defence.
5. Formal Citations
- United Engineers (Singapore) Pte Ltd v Lee Lip Hiong and Others, Suit 13/2004, SIC 3320/2004, [2004] SGHC 169
6. Timeline
| Date | Event |
|---|---|
| Replies served by United Engineers | |
| Pleadings deemed closed | |
| Last day for filing Order 14 application | |
| Letter from Mr. Sam to Ms. Foo regarding amendment | |
| Judgment issued |
7. Legal Issues
- Whether a pleadings amendment order revives the right to take out Order 14 applications
- Outcome: The court held that a pleadings amendment order does not postpone the deemed closure of pleadings pursuant to Order 18 rule 20(1) and does not revive the right to take out Order 14 applications.
- Category: Procedural
- Interpretation of Order 18 rule 20(1) of the Rules of Court
- Outcome: The court interpreted the words 'reply', 'defence to counterclaim' and 'defence' in Order 18 rule 20(1) as referring to the original pleadings in an action.
- Category: Procedural
8. Remedies Sought
- Summary Judgment
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Freeman v Parker | N/A | Yes | [1956] OWN 561 | Canada | Cited regarding whether a pleadings amendment order reopens pleadings for all purposes. |
| Chun Thong Ping v Soh Kok Hong and Anor | High Court | Yes | [2003] SGHC 172 | Singapore | Cited regarding the court's inherent powers to revive the right to file Order 14 applications. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Order 14 rule 1 of the Rules of Court | Singapore |
| Order 14 rule 5 of the Rules of Court | Singapore |
| Order 14 rule 14 of the Rules of Court | Singapore |
| Order 18 rule 20(1) of the Rules of Court | Singapore |
| Order 18 rule 20(2) of the Rules of Court | Singapore |
| Order 18 rule 20 of the English Rules of the Supreme Court 1965 | England |
| Order 20 rules 1 and 3 of the Rules of Court | Singapore |
| Order 25 rule 1 of the Rules of Court | Singapore |
| Order 25 rule 8 of the Rules of Court | Singapore |
| Order 27 of the Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Pleadings amendment order
- Deemed closure of pleadings
- Order 14 application
- Rules of Court
- Extension of time
- Counterclaim
15.2 Keywords
- summary judgment
- pleadings
- rules of court
- amendment
- time limit
16. Subjects
- Civil Procedure
- Summary Judgment
- Pleadings
17. Areas of Law
- Civil Procedure