Blenwel Agencies v Tan Lee King: Appeal Refusal & Jurisdiction in Singapore Civil Procedure
In Blenwel Agencies Pte Ltd v Tan Lee King, the Court of Appeal of Singapore dismissed Blenwel Agencies' application for leave to appeal against the High Court's decision, which had refused leave to appeal against a District Court decision. The court held that the High Court's decision on granting leave to appeal is final and cannot be further appealed. The court ordered Blenwel Agencies to pay costs to Tan Lee King.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed; leave to appeal was misconceived and bound to fail.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal dismissed Blenwel Agencies' appeal attempt, reinforcing the finality of High Court's refusal to grant leave to appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Blenwel Agencies Pte Ltd | Applicant | Corporation | Appeal Dismissed | Lost | Tan Beng Hui Carolyn, Au Thye Chuen |
| Tan Lee King | Respondent | Individual | Costs Awarded | Won | Ng Yong Ern Raymond |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| V K Rajah | Justice of the Court of Appeal | No |
| Tan Lee Meng | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Beng Hui Carolyn | Tan & Au LLP |
| Au Thye Chuen | Tan & Au LLP |
| Ng Yong Ern Raymond | Tan Lay Keng & Co |
4. Facts
- Applicant sued respondent for $600 for damage to a wheel clamp.
- Parties agreed to resolve the matter with the respondent paying the applicant $3,000 in two installments.
- Applicant refused the first payment because the respondent would not sign a joint press release.
- A default judgment for $5,000 was obtained ex parte by the applicant.
- The District Judge set aside the default judgment with costs fixed at $1,500.
- Applicant sought leave to appeal to the High Court, which was refused by the District Judge.
- The High Court dismissed the applicant's application for leave to appeal.
5. Formal Citations
- Blenwel Agencies Pte Ltd v Tan Lee King, OS 1539/2007, [2008] SGCA 3
6. Timeline
| Date | Event |
|---|---|
| Respondent attempted to make first payment. | |
| Parties returned to PDRC to seek clarification of the settlement. | |
| High Court dismissed OS 1230/07. | |
| Originating Summons No 1484 of 2007 filed in the High Court. | |
| Judge dismissed OS 1484/07. | |
| Application fixed for hearing. | |
| Decision Date |
7. Legal Issues
- Leave to Appeal
- Outcome: The court held that the High Court's decision on granting leave to appeal is final and cannot be further appealed.
- Category: Procedural
- Sub-Issues:
- Finality of refusal of leave to appeal
- Jurisdiction of the Court of Appeal
- Outcome: The court held that it did not have jurisdiction to hear the prayer for leave to appeal.
- Category: Jurisdictional
8. Remedies Sought
- Leave to appeal to the Court of Appeal
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Litigation
- Appellate Practice
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Blenwel Agencies Pte Ltd v Tan Lee King | High Court | Yes | [2007] SGHC 181 | Singapore | Cited as the High Court decision refusing leave to appeal against the District Court decision. |
| Lane v Esdaile | House of Lords | Yes | [1891] AC 210 | England | Established the principle that the decision of an authority to grant or refuse leave to appeal is final. |
| In the matter of the Housing of the Working Classes Act, 1890 | Queen's Bench | Yes | [1892] 1 QB 609 | England | Followed the principle established in Lane v Esdaile regarding the finality of decisions on leave to appeal. |
| Bland v Chief Supplementary Benefit Officer | Unknown | Yes | [1983] 1 WLR 262 | England | Followed the principle established in Lane v Esdaile regarding the finality of decisions on leave to appeal. |
| Kemper Reinsurance Co v Minister of Finance | Unknown | Yes | [2000] 1 AC 1 | England | Followed the principle established in Lane v Esdaile regarding the finality of decisions on leave to appeal. |
| SBS Transit Ltd v Koh Swee Ann | Court of Appeal | Yes | [2004] 3 SLR 365 | Singapore | Confirmed that there is no further recourse after both the Magistrate’s Court and the High Court have refused to grant leave to appeal. |
| Microsoft Corporation v SM Summit Holdings | Unknown | Yes | [2000] 2 SLR 137 | Singapore | Cited for the principle that the Court of Appeal's jurisdiction is conferred by statute. |
| Abdullah bin A Rahman v PP | Unknown | Yes | [1994] 3 SLR 129 | Singapore | Cited for the principle that the Court of Appeal's jurisdiction is conferred by statute. |
| Ng Chye Huey v PP | Unknown | Yes | [2007] 2 SLR 106 | Singapore | Cited for the principle that the Court of Appeal's jurisdiction is conferred by statute. |
| Ng Chin Siau v How Kim Chuan | Unknown | Yes | [2007] 4 SLR 809 | Singapore | Cited for the principle that a jurisdiction-conferring provision is a crucial prerequisite. |
| Chop Sum Thye v Rex | Straits Settlements Supreme Court | Yes | [1933] MLJ 87 | Singapore | Cited for the principle that there is no inherent right to appeal. |
| Kulasingam v Public Prosecutor | Malaysian Federal Court | Yes | [1978] 2 MLJ 243 | Malaysia | Cited for the principle that there is no inherent right to appeal. |
| Knight Glenn Jeyasingam v PP | Unknown | Yes | [1999] 3 SLR 362 | Singapore | Cited for the principle that a right of appeal must have its source in legislative authority. |
| Ting Sie Huong v State Attorney-General | Unknown | Yes | [1985] 1 MLJ 431 | Singapore | Cited for the principle that a right of appeal must have its source in legislative authority. |
| R v West Kent Quarter Sessions Appeal Committee | Unknown | Yes | [1951] 2 All ER 728 | England | Cited for the principle that no appeal lies unless there is a statutory provision which gives a right to appeal. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) | Singapore |
| Supreme Court of Judicature Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Leave to appeal
- Jurisdiction
- Finality
- Collateral attempt
- Indemnity basis
- Originating summons
- Jurisdiction-conferring provision
15.2 Keywords
- Appeal
- Jurisdiction
- Civil Procedure
- Singapore
- Court of Appeal
16. Subjects
- Civil Procedure
- Appeals
- Jurisdiction
17. Areas of Law
- Civil Procedure
- Appeals
- Courts and Jurisdiction