Sumikin Bussan Corp v Hiew Teck Seng: Summary Judgment & Extension of Time for Filing Reply

In Sumikin Bussan Corp v Hiew Teck Seng and Taikichi Ito, the High Court of Singapore heard appeals regarding the dismissal of the plaintiff's summary judgment application. The central legal issue was whether an extension of time granted to the plaintiff to file a reply to the defendants' defenses effectively postponed the deemed closure of pleadings, thereby reviving the plaintiff's right to file a summary judgment application. The High Court allowed the appeals, setting aside the lower court's order, holding that the extension of time did postpone the deemed closure of pleadings.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeals allowed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court addressed whether an extension of time to file a reply postpones the deemed closure of pleadings, reviving the right to file a summary judgment application.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Sumikin Bussan CorpPlaintiff, AppellantCorporationAppeal AllowedWon
Hiew Teck Seng (alias Yaw Teck Seng)Defendant, RespondentIndividualAppeal DismissedLost
Taikichi ItoDefendant, RespondentIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Harish KumarEngelin Teh Practice LLC
Jonathan SengRodyk and Davidson
Roland TongKurup and Boo

4. Facts

  1. Plaintiff claimed moneys due under a guarantee from the defendants.
  2. Defendants filed their respective Defences.
  3. Plaintiff did not initially file a Reply to either Defence.
  4. Plaintiff requested and obtained an extension of time to file a Reply.
  5. Plaintiff subsequently filed a Reply and then applied for summary judgment.
  6. Second defendant applied to strike out the summary judgment application as out of time.
  7. Assistant Registrar dismissed the application for summary judgment.

5. Formal Citations

  1. Sumikin Bussan Corp v Hiew Teck Seng (alias Yaw Teck Seng) and Another, Suit 407/2004, RA 313/2004, 314/2004, [2005] SGHC 76

6. Timeline

DateEvent
Action commenced by Sumikin Bussan Corporation
Defence filed by the second defendant, Taikichi Ito
Defence filed by the first defendant, Hiew Teck Seng
Plaintiff requested first defendant’s consent to file Reply out of time
Reply filed after consent from first defendant
Application for extension of time to file a Reply granted
Plaintiff filed Reply to the second defendant’s Defence
Application for summary judgment filed against both defendants
Second defendant’s application to strike out summary judgment application heard
Plaintiff’s application for summary judgment heard against the first defendant
Appeals brought by the plaintiff heard
Further arguments heard
Judgment reserved

7. Legal Issues

  1. Extension of Time for Filing Reply
    • Outcome: The court held that an extension of time to file a reply postpones the deemed closure of pleadings, reviving the right to file a summary judgment application.
    • Category: Procedural
    • Sub-Issues:
      • Effect on deemed closure of pleadings
      • Revival of right to file summary judgment application
  2. Summary Judgment Application
    • Outcome: The court determined that the plaintiff's application was not filed out of time due to the extension granted for filing the reply.
    • Category: Procedural
    • Sub-Issues:
      • Time limit for filing
      • Compliance with Rules of Court

8. Remedies Sought

  1. Moneys allegedly due under a guarantee

9. Cause of Actions

  • Breach of Guarantee

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
United Engineers (Singapore) Pte Ltd v Lee Lip HiongHigh CourtYes[2004] 4 SLR 305SingaporeCited and distinguished regarding the effect of an extension of time for pleadings on the time limit for summary judgment applications.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Order 14 r 14 Rules of Court (Cap 322, R 5, 2004 Rev Ed)Singapore
Order 18 r 20 Rules of Court (Cap 322, R 5, 2004 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Summary judgment
  • Extension of time
  • Deemed closure of pleadings
  • Rules of Court
  • Reply
  • Defence
  • Guarantee

15.2 Keywords

  • Summary judgment
  • Extension of time
  • Pleadings
  • Singapore High Court
  • Civil Procedure

17. Areas of Law

Area NameRelevance Score
Civil Practice90
Summary Judgment90
Civil Procedure80
Rules of court70

16. Subjects

  • Civil Procedure
  • Summary Judgment
  • Extension of Time