Lock Han Chng Jonathan v Goh Jessiline: Court-Mediated Settlement Enforcement & Solicitor Conduct in Road Accident Claim
In Lock Han Chng Jonathan (Jonathan Luo Hancheng) v Goh Jessiline, the Court of Appeal of Singapore heard an appeal regarding the enforcement of a court-mediated settlement arising from a minor road traffic accident. The appellant, Lock Han Chng Jonathan, initially sought $375 in damages, which was settled for $187.50 plus costs. The dispute escalated due to the actions of both parties' solicitors, leading to a protracted legal battle over costs. The Court of Appeal allowed the appeal, holding that the CDR process contemplated that the terms of a court-mediated settlement would be embodied in an order of court for enforcement purposes.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding enforcement of a court-mediated settlement. The court addressed the power of a settlement judge and solicitor's conduct, allowing the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lock Han Chng Jonathan (Jonathan Luo Hancheng) | Appellant | Individual | Appeal Allowed | Won | |
| Goh Jessiline | Respondent | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
4. Facts
- The respondent's car hit the appellant's motorcycle, causing damage.
- The appellant initially sought $375 in compensation.
- The parties agreed to settle for $187.50 plus costs of $1,000.
- A dispute arose over disbursements of $60.35.
- The appellant's solicitor extracted a Court Order and issued a Writ of Seizure and Sale.
- The respondent applied to set aside the Writ of Seizure and Sale and the Court Order.
- The appellant's former solicitor's fees were in the region of $150,000.
5. Formal Citations
- Lock Han Chng Jonathan (Jonathan Luo Hancheng) v Goh Jessiline, CA 50/2007, [2007] SGCA 56
- Lock Han Chng Jonathan v Goh Jessiline, , [2007] 3 SLR 51
6. Timeline
| Date | Event |
|---|---|
| Appellant filed Magistrate’s Case No 21830 of 2005 | |
| Appellant requested mediation through the court dispute resolution process | |
| Mediation meetings held at the Primary Dispute Resolution Centre began | |
| Parties agreed to a settlement | |
| Appellant forwarded a draft of the Court Order to the respondent | |
| Appellant sent a draft of the Court Order to the Registrar of the Subordinate Courts for approval | |
| Appellant extracted the Court Order | |
| Appellant issued Writ of Seizure and Sale No 2057 of 2006 | |
| Taxation proceedings were attended before a deputy registrar | |
| Respondent enclosed a cheque for $1,187.50 | |
| Respondent wrote to make payment for the sums mentioned | |
| Respondent sent a further cheque for $1,475.05 | |
| Respondent filed Summons No 8949 of 2006 to set aside the WSS | |
| Hearing before a deputy registrar | |
| Respondent made an ex parte application in Summons No 12389 of 2006 to amend the prayers in SUM 8949/06 | |
| Respondent made an inter partes application via Summons No 12650 of 2006, to amend SUM 8949/06 | |
| Parties appeared before District Judge Rahim Jalil | |
| District judge confirmed that an order of court had been issued | |
| Parties appeared before the Deputy Registrar | |
| Appeal was dismissed | |
| Respondent applied for leave to appeal to the High Court | |
| Leave was refused | |
| Respondent filed Originating Summons No 2141 of 2006 in the High Court for leave to appeal | |
| Substantive appeal against the District Judge’s decision was heard | |
| Written grounds were issued | |
| Present appeal was filed | |
| Respondent lodged Bill of Costs No 120 of 2007 | |
| Appellant filed a notice of dispute | |
| Assistant registrar reduced the Section 1 costs to $55,000.00 and the Section 2 costs to $1,200.00 | |
| Appellant discharged Mr Hanam from acting further in the matter | |
| Appellant’s new solicitors filed a notice of change of solicitors in the Subordinate Courts | |
| Mr Hanam was re-appointed as the appellant’s solicitor on record | |
| Judge dismissed Mr Assomull’s application but allowed Mr Hanam’s, further reducing the Section 1 costs to $35,000.00 | |
| Appellant re-appointed M/s K Ravi Associates to act for him and a fresh notice of change of solicitors was filed | |
| Mr Hanam sent the appellant an e-mail stating that he intended to bill the latter $84,000.00 for his services | |
| Mr Hanam issued the appellant an invoice for the sum of $83,660.35 in respect of work done | |
| Registrar’s certificate was issued, certifying the amount allowed under BC 120/07 as $39,040.95 | |
| Mr Hanam made an application to tax his solicitor and client costs against the appellant | |
| Appeal was heard | |
| Appeal was allowed |
7. Legal Issues
- Enforcement of Court-Mediated Settlement
- Outcome: The court held that the CDR process contemplated that the terms of a court-mediated settlement would be embodied in an order of court for enforcement purposes.
- Category: Substantive
- Sub-Issues:
- Power of settlement judge to make orders of court
- Interpretation of settlement terms
- Related Cases:
- [2007] 3 SLR 51
- Professional Conduct of Solicitors
- Outcome: The court referred the conduct of the appellant's former solicitor to the Law Society for inquiry.
- Category: Substantive
- Sub-Issues:
- Duty to evaluate client's case
- Escalation of costs
- Informed consent of client
8. Remedies Sought
- Monetary Damages
- Setting aside of Writ of Seizure and Sale
- Setting aside of Court Order
9. Cause of Actions
- Negligence
10. Practice Areas
- Mediation
- Professional Conduct
11. Industries
- Legal Services
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lock Han Chng Jonathan v Goh Jessiline | High Court | Yes | [2007] 3 SLR 51 | Singapore | The judgment being appealed from. The court reversed the District Judge’s decision on the ground that, when a court-mediated settlement had been reached, a CDR settlement judge had no power to direct the entry of a consent order or judgment, or to make other consequential orders ordinarily within his judicial powers under the Subordinate Courts Act. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2004 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Subordinate Courts Act (Cap 321, 1999 Rev Ed) | Singapore |
| Legal Profession (Professional Conduct) Rules (Cap 161, R 1, 2000 Rev Ed) | Singapore |
| Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Court Dispute Resolution
- Court-Mediated Settlement
- Writ of Seizure and Sale
- Notice of Discontinuance
- Settlement Judge
- Taxation of Costs
- Professional Conduct
- Disbursements
15.2 Keywords
- mediation
- settlement
- solicitor conduct
- costs
- enforcement
- road accident
17. Areas of Law
16. Subjects
- Civil Procedure
- Alternative Dispute Resolution
- Legal Ethics