OK Property Pte Ltd v Heng Siew Ang: Jurisdiction to Set Aside Small Claims Tribunal Order
In OK Property Pte Ltd v Heng Siew Ang, the High Court of Singapore dismissed an originating summons by OK Property Pte Ltd seeking to set aside an order by a senior referee of the Small Claims Tribunal. The court, presided over by Choo Han Teck J on 13 July 2007, held that the plaintiff should have appealed the order to the High Court instead of applying afresh by originating summons, as prescribed under the Small Claims Tribunals Act.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed OK Property's application to set aside an order by a senior referee of the Small Claims Tribunal. The court held that the plaintiff should have appealed to the High Court.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| OK Property Pte Ltd | Plaintiff | Corporation | Application Dismissed | Dismissed | Francis Tee Hong Boon of Independent Practitioner |
| Heng Siew Ang | Defendant | Individual |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Francis Tee Hong Boon | Independent Practitioner |
4. Facts
- The plaintiff, a real estate agent, was awarded $1,900 plus $50 disbursements by the Small Claims Tribunal on 24 May 2002.
- On 9 May 2007, a senior referee set aside the order of 24 May 2002.
- The plaintiff applied to the High Court to set aside the senior referee's order.
- The defendant was unrepresented.
5. Formal Citations
- OK Property Pte Ltd v Heng Siew Ang, OS 778/2007, [2007] SGHC 115
6. Timeline
| Date | Event |
|---|---|
| Small Claims Tribunal awarded OK Property Pte Ltd $1,900. | |
| Senior referee set aside the order of 24 May 2002. | |
| Plaintiff's application dismissed. |
7. Legal Issues
- Jurisdiction
- Outcome: The High Court held that the plaintiff should have appealed to the High Court instead of applying afresh by way of an originating summons.
- Category: Jurisdictional
8. Remedies Sought
- Order to set aside the order of Mr Ernest Lau
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Small Claims Tribunals Act (Cap 308, 1998 Rev Ed) | Singapore |
| Section 38 Small Claims Tribunals Act (Cap 308, 1998 Rev Ed) | Singapore |
| s 40 of the Act | Singapore |
| s 23 of the Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Small Claims Tribunal
- Jurisdiction
- Originating Summons
- Appeal
15.2 Keywords
- Small Claims Tribunal
- Jurisdiction
- Appeal
- Originating Summons
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 90 |
| Jurisdiction | 90 |
| Small Claims Tribunal | 70 |
| Administrative Law | 40 |
| Arbitration | 30 |
16. Subjects
- Civil Procedure
- Jurisdiction
- Small Claims Tribunal