Lock Han Chng Jonathan v Goh Jessiline: Jurisdiction of Settlement Judge in Court Dispute Resolution

In Lock Han Chng Jonathan (Jonathan Luo Hancheng) v Goh Jessiline, the High Court of Singapore, on 27 April 2007, heard an appeal regarding the jurisdiction of a settlement judge in a Court Dispute Resolution (CDR) conference. The plaintiff, Jonathan Lock, sought damages from the defendant, Jessiline Goh, following a motor vehicle collision. A settlement was reached at a CDR session, but the defendant later challenged the settlement judge's authority to issue a court order. The High Court allowed the appeal, holding that settlement judges in CDR conferences lack the jurisdiction to issue court orders, and set aside the order of court and execution proceedings.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court held that a settlement judge in a Court Dispute Resolution (CDR) conference lacks the jurisdiction to issue a court order. The appeal was allowed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lock Han Chng Jonathan (Jonathan Luo Hancheng)Plaintiff, RespondentIndividualAppeal AllowedLost
Goh JessilineDefendant, AppellantIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Andrew HanamAndrew & Co
Andrew GohAssomull & Partners
Madan AssomullAssomull & Partners
Vivian ChewAssomull & Partners

4. Facts

  1. The plaintiff claimed damages from the defendant arising out of a motor vehicle collision.
  2. The parties attended a Court Dispute Resolution (CDR) session and reached a settlement.
  3. The settlement terms were recorded by the district judge presiding as mediator.
  4. The plaintiff's solicitor extracted an order of court based on the settlement terms.
  5. The plaintiff's solicitor issued a writ of seizure and sale against the defendant.
  6. The defendant applied to set aside the writ of seizure and sale and the order of court.
  7. The defendant's applications were dismissed by the Deputy Registrar.

5. Formal Citations

  1. Lock Han Chng Jonathan (Jonathan Luo Hancheng) v Goh Jessiline, MC 21830/2005, RAS 17/2007, [2007] SGHC 58

6. Timeline

DateEvent
Parties reached a settlement at Court Dispute Resolution session
Plaintiff’s solicitor faxed a list of disbursements to the defendant’s solicitors
Plaintiff’s solicitor forwarded a draft order of court to the defendant’s solicitors
Defendant’s solicitors sent a letter to the plaintiff’s solicitor regarding the draft order of court
Plaintiff’s solicitor wrote to the Registrar of the Subordinate Courts
Plaintiff’s solicitor extracted the order of court
Plaintiff’s solicitor issued a writ of seizure and sale against the defendant
Defendant’s solicitors paid $1,187.50 under the Order of Court
Defendant’s solicitors paid $800.80 for the costs of execution
Defendant’s solicitors filed application no 8949 of 2006
Defendant’s solicitors filed application no. 12650 of 2006 to amend the Application
Defendant filed Registrar’s Appeal No 17 of 2007
Judgment reserved

7. Legal Issues

  1. Jurisdiction of Settlement Judge
    • Outcome: The court held that the Settlement Judge had no jurisdiction and power to issue an order of court.
    • Category: Jurisdictional

8. Remedies Sought

  1. Monetary Damages
  2. Setting aside of Writ of Seizure and Sale
  3. Setting aside of Order of Court

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Nyu Tiong Lam and OthersHigh CourtYes[1996] 1 SLR 273SingaporeCited to illustrate that a district judge does not possess specific jurisdiction by virtue of his appointment as a district judge per se.

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R5, 2006 Rev Ed)
Order 34A of the Rules of Court
O 34A r 2 of the Rules of Court
O 34A r 2(2) of the Rules of Court
O 34A r 2(6) of the Rules of Court
O 34A r 2(3) of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Subordinate Courts Act (Cap 321, 1999 Rev Ed)Singapore
s 3 of the Subordinate Courts Act (Cap 321, 1999 Rev Ed)Singapore
Article 93 of the Constitution of the Republic of Singapore (1999 Rev Ed)Singapore
s 2 of the Interpretation Act (Cap 1, 2002 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Court Dispute Resolution
  • Settlement Judge
  • Jurisdiction
  • Order of Court
  • Writ of Seizure and Sale
  • e@dr Centre
  • Mediation

15.2 Keywords

  • Court Dispute Resolution
  • CDR
  • Settlement Judge
  • Jurisdiction
  • Mediation
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Judgments and Orders90
Court Dispute Resolution85
Jurisdiction80
Civil Procedure75
Contract Law30
Arbitration20

16. Subjects

  • Civil Procedure
  • Jurisdiction
  • Alternative Dispute Resolution
  • Mediation