Ong Jane Rebecca v Lim Lie Hoa: Application to Expunge Documents from Record of Appeal

In Ong Jane Rebecca v Lim Lie Hoa, the High Court of Singapore heard an application by the first, third, and fourth respondents (defendants in an inquiry ordered under Originating Summons No 939 of 1991) to expunge certain documents from the record of appeal filed by the appellant (plaintiff in the originating summons). The court, presided over by Choo Han Teck J, granted the application, ordering that documents not admitted before Assistant Registrar Phang Hsiao Chung be excluded from the record of appeal. The decision was made on 27 August 2004.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application granted; documents objected to by the first, third, and fourth respondents are to be excluded from the index of the record of appeal.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application to expunge documents from record of appeal. The court ordered that documents not admitted before the registrar be excluded from the record of appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ong Jane RebeccaAppellant, PlaintiffIndividualApplication dismissedLostAndre Arul
Lim Lie HoaRespondent, DefendantIndividualApplication grantedWonKhoo Boo Jin
Sjamsudin Husni also known as Ong Siauw-TjoanRespondent, DefendantIndividualNeutralNeutralArul Chandran
Ong Siauw PingRespondent, DefendantIndividualApplication grantedWonVinodh S Coomaraswamy, Stanley Tok
Ong Keng TongRespondent, DefendantIndividualApplication grantedWonVinodh S Coomaraswamy, Stanley Tok

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Andre ArulArul Chew and Partners
Khoo Boo JinWee Swee Teow and Co
Arul ChandranC Arul and Partners
Vinodh S CoomaraswamyShook Lin and Bok
Stanley TokShook Lin and Bok

4. Facts

  1. The first, third, and fourth respondents applied to expunge documents from the record of appeal.
  2. The documents in question were identified as items 77 to 79, 97 to 99, 100, 104, 105 to 121, 182, 183, 209 and 221, as well as 82 and 135.
  3. The documents were produced before the registrar but not admitted into evidence.
  4. The appellant argued that the documents were produced in bundles brought to chambers and should be part of the record.
  5. The respondents objected to the documents, arguing they were not in evidence before the assistant registrar or the judge on appeal.
  6. The assistant registrar had previously ordered that only documents admitted were to be used at the inquiry.

5. Formal Citations

  1. Ong Jane Rebecca v Lim Lie Hoa, OS 939/1991, CA 58/2004, [2004] SGHC 188

6. Timeline

DateEvent
Originating Summons No 939 of 1991 filed
Decision date

7. Legal Issues

  1. Production of Documents
    • Outcome: The court ruled that documents not admitted before the registrar should be excluded from the record of appeal.
    • Category: Procedural
    • Sub-Issues:
      • Admissibility of documents
      • Inclusion of documents in record of appeal

8. Remedies Sought

  1. Expungement of documents from record of appeal

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
Paragraph 53 Supreme Court Practice Directions (1997 Ed)

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Production of documents
  • Record of appeal
  • Admissibility of evidence
  • Supreme Court Practice Directions

15.2 Keywords

  • civil procedure
  • production of documents
  • record of appeal
  • singapore
  • high court

16. Subjects

  • Civil Procedure
  • Appeals
  • Evidence

17. Areas of Law

  • Civil Procedure