Ng Kit Har v Yii Chee Ming: Third-Party Proceedings & Validity of Third-Party Notice Service
In Ng Kit Har v Yii Chee Ming, the Court of Appeal of Singapore addressed the validity of third-party proceedings. Mdm Ng Kit Har ('Mdm Ng') sought to reinstate a third-party notice against Mr. Yii Chee Ming ('Mr. Yii') after judgment in the main action had been entered. The court held that a third-party action is validly constituted only if the third-party notice is served before the main action concludes. Since Mdm Ng served the notice after the main action ended, the court dismissed her appeal, finding no valid third-party action to reinstate.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal on third-party proceedings. Court held a third-party action is valid only if the notice is served before the main action ends.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ng Kit Har | Appellant | Individual | Appeal Dismissed | Lost | |
| Yii Chee Ming | Respondent | Individual | Appeal Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | No |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | Yes |
4. Counsels
4. Facts
- Banque Nationale de Paris commenced actions against Mdm Ng and Mr Tan based on guarantees.
- Mdm Ng and Mr Tan issued third-party notices against Mr Yii, claiming indemnity or contribution.
- Mdm Ng failed to effect valid service of the third-party notice on Mr Yii before the main actions ended.
- Mdm Ng attempted to serve the third-party notice after the main actions concluded.
- Court orders reinstating the Original Third-Party Notices were made on 17 November 2005.
- Mr Yii applied to set aside the reinstatement orders.
- Assistant Registrar set aside the reinstatement orders on the ground that Mr Yii would have been unduly prejudiced by the long delay in the third-party proceedings against him.
5. Formal Citations
- Ng Kit Har v Yii Chee Ming, CA 43/2007, [2008] SGCA 6
6. Timeline
| Date | Event |
|---|---|
| Banque Nationale de Paris filed writ against Mdm Ng Kit Har. | |
| Banque Nationale de Paris filed writ against Mr Tan Teow Gim. | |
| Mdm Ng Kit Har filed defence. | |
| Mr Tan Teow Gim filed defence. | |
| Mdm Ng Kit Har issued third-party notice against Mr Yii Chee Ming. | |
| Mr Tan Teow Gim issued third-party notice against Mr Yii Chee Ming. | |
| Mr Yii Chee Ming entered appearance in response to Mdm Ng’s third-party notice. | |
| Court set aside service of Mdm Ng's third-party notice. | |
| Order for substituted service of the Original Third-Party Notices was made. | |
| Order for substituted service of the Original Third-Party Notices was made. | |
| Pre-trial conference held. | |
| Judgment given in favour of BNP. | |
| Mdm Ng and Mr Tan purported to serve the Original Third-Party Notices by substituted service. | |
| Mdm Ng and Mr Tan applied to enter judgment in default of appearance against Mr Yii. | |
| Mdm Ng obtained leave to issue a fresh third-party notice against Mr Yii. | |
| Mr Tan applied for leave to issue a fresh third-party notice against Mr Yii. | |
| Assistant Registrar directed counsel to apply for reinstatement of the original third-party notice issued by Mr Tan. | |
| Application to reinstate the May 1999 Third Party Notice was served on Mr Yii. | |
| Court orders reinstating the Original Third-Party Notices were made. | |
| Mr Yii applied to set aside the reinstatement orders. | |
| Assistant Registrar set aside the reinstatement orders. | |
| Mdm Ng and Mr Tan appealed against the assistant registrar’s decision. | |
| Appeals were dismissed by the High Court judge. | |
| Court of Appeal delivered grounds of decision. |
7. Legal Issues
- Validity of Third-Party Action
- Outcome: The court held that a third-party action is only validly constituted if the third-party notice is served before the main action ends.
- Category: Procedural
- Sub-Issues:
- Failure to serve third-party notice before conclusion of main action
8. Remedies Sought
- Indemnity
- Contribution
9. Cause of Actions
- Indemnity
- Contribution
10. Practice Areas
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chong Yew Kee v Wah-Chang International Corp Pte Ltd | High Court | Yes | [1995] 1 SLR 153 | Singapore | Cited for the principle that a third-party action, once properly constituted, survives independently of the main action. |
| Stott v West Yorkshire Road Car Co Ltd | Queen's Bench | Yes | [1971] 2 QB 651 | England and Wales | Cited for the principle that if the main action is settled between the plaintiff and the defendant, the third-party action can still proceed as if it had been started by a separate action. |
| Banque Nationale de Paris v Ng Kit Har | High Court | No | [2007] SGHC 101 | Singapore | Cited as the decision of the High Court being appealed, which the Court of Appeal disagreed with on the line of reasoning. |
| The Melati | Court of Appeal | Yes | [2004] 4 SLR 7 | Singapore | Cited to emphasize that a claimant should have his claim adjudicated by the courts on its merits and should not be defeated by non-compliance with procedural requirements, unless there are sufficient grounds which warrant a decision to the contrary effect. |
| Hunter v Bank of Montreal | N/A | No | (1988) 12 ACWS (3d) 352 | N/A | Cited to show that requiring the defendant to abandon the third-party action and issue a fresh statement of claim against the third party if the main action is subsequently settled may, in some cases, only lead to further costs and delay. |
| Courtenay-Evans v Stuart Passey & Associates | N/A | No | [1986] 1 All ER 932 | N/A | Cited to show that the court may decline to give third-party directions under O 16 r 4 of the Rules, with the effect that the third-party proceedings are rendered nugatory. |
13. Applicable Rules
| Rule Name |
|---|
| Order 16 of the Rules of Court |
| Order 16 r 1(1) of the Rules |
| Order 16 r 1(3) |
| Order 16 r 7(1) |
| O 16 r 6 of the Rules |
| O 16 r 4 of the Rules |
| O 21 r 2(6) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Third-party proceedings
- Third-party notice
- Main action
- Service of notice
- Reinstatement of notice
- Constitution of action
15.2 Keywords
- Third-party
- proceedings
- service
- notice
- civil
- procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 90 |
| Civil Procedure | 90 |
16. Subjects
- Civil Procedure
- Third-Party Proceedings
- Service of Process