Banque Nationale de Paris v Ng Kit Har: Third-Party Notice, Res Judicata & Delay

In Banque Nationale de Paris v Ng Kit Har, the High Court of Singapore dismissed the defendants' appeals against an order setting aside the reinstatement of third-party notices. The court, presided over by Choo Han Teck J, found that the defendants had not acted diligently in pursuing their claim against the third party, Yii Chee Ming, and that allowing the third-party claim to proceed would be inconsistent with the original judgment in favor of the plaintiff, Banque Nationale de Paris. The court invoked the doctrine of res judicata to ensure finality.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeals dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding third-party notices dismissed due to delay and res judicata. The court found the defendants did not act diligently in pursuing their claim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ng Kit HarDefendant, AppellantIndividualAppeal dismissedLost
Yii Chee MingOtherIndividualSuccessful Resistance of Third Party ClaimWon
Banque Nationale de ParisPlaintiffCorporationJudgment for PlaintiffWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Thio Shen YiTSMP Law Corporation
Adeline Lee Huay YenTSMP Law Corporation
Keh Kee GuanAng & Partners
Cheah Kok LimAng & Partners

4. Facts

  1. The defendants issued third party notices against Yii Chee Ming in May 1999.
  2. The third party notices were not served.
  3. The consolidated action between Banque Nationale de Paris and the defendants was tried in June 2000.
  4. Judgment was handed down in favor of Banque Nationale de Paris for US$4.7 million.
  5. The defendants' defense was that they were agents of the third party.
  6. The court rejected the defendants' defense.
  7. The defendants sought to reinstate the third party notices years after the judgment.

5. Formal Citations

  1. Banque Nationale de Paris v Ng Kit Har and another action (Yii Chee Ming, Third Party), Suit 344 /1999, Suit 605/1999, RA 600001/2007, RA 600002/2007, [2007] SGHC 101

6. Timeline

DateEvent
Writs filed in Suit 344/1999
Writs filed in Suit 605/1999
Defence filed
Third party notices issued in Suit 344/1999
Third party notices issued in Suit 605/1999
Memorandum of appearance filed on behalf of the third party
Third party applied to set aside service of the third party notices
Court set aside the service out of jurisdiction against the third party
Defendants obtained an order for substituted service of the third party notices
Pre-trial conference held; defendants agreed to proceed for trial without waiting for third party proceedings to be finalised
Trial began
Trial ended; judgment handed down in favour of the plaintiff
Defendants purported to serve the third party notices by substituted service
Application made to enter judgment against the third party
Application to enter judgment against the third party was not allowed
Defendant in Suit 344 of 1999 applied and was given leave to issue a fresh third party notice
Defendant in Suit 605 of 1999 applied for a fresh third party notice to be issued
Assistant registrar directed that the previous notices should be reinstated instead of fresh notices being issued
Order granting the reinstatement of both previous third party notices were made
Assistant Registrar set aside the order for reinstatement of 17 November 2005
Appeals dismissed

7. Legal Issues

  1. Res Judicata
    • Outcome: The court applied the doctrine of res judicata, holding that the third party action could not continue without an express order from the trial judge preserving that action notwithstanding the main trial’s conclusion.
    • Category: Substantive
    • Related Cases:
      • [1995] 1 SLR 153
  2. Delay in Pursuing Third Party Claim
    • Outcome: The court found that the defendants had not acted with due diligence in proceeding against the third party, and after a lapse of more than six years from the trial, the defendants could not now hope to commence a third party claim.
    • Category: Procedural

8. Remedies Sought

  1. Indemnity from Third Party

9. Cause of Actions

  • Third Party Claim

10. Practice Areas

  • Commercial Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Stott v West Yorkshire Road Car CoCourt of AppealYes[1971] 2 QB 651EnglandCited regarding the principle that a third party action can have a life of its own even after the main action is over, but distinguished because in the present case, the main action proceeded without any direction as to third party proceedings.
Chong Yew Kee and Anor v Wah Chang International Corp Pte Ltd and AnorN/AYes[1995] 1 SLR 153SingaporeCited to support the doctrine of res judicata and the principle that a third party action can be stood down pending the action of the main action.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R5, 2006 Rev Ed) O 16 rule 7Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Third Party Notice
  • Res Judicata
  • Substituted Service
  • Reinstatement of Notice
  • Due Diligence
  • Agency

15.2 Keywords

  • Third Party
  • Res Judicata
  • Delay
  • Singapore
  • Civil Litigation

17. Areas of Law

Area NameRelevance Score
Res Judicata80
Third Party Claims75
Civil Procedure70
Agency Law60
Jurisdiction40
Contract Law30

16. Subjects

  • Civil Procedure
  • Third Party Claims
  • Agency Law