Lai Swee Lin Linda v Attorney-General: Discontinuance Under Order 21 r 2(6) Rules of Court
In Lai Swee Lin Linda v Attorney-General, the High Court of Singapore heard an appeal by Lai Swee Lin Linda against the decision of an Assistant Registrar to expunge her amended Statement of Claim. The Assistant Registrar had deemed the action discontinued under Order 21 r 2(6) of the Rules of Court. Tay Yong Kwang J dismissed the appeal, finding that no step or proceeding had been taken in the action for more than one year, thus the action was deemed discontinued.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lai Swee Lin Linda's appeal against the decision to expunge her amended Statement of Claim was dismissed, as the action was deemed discontinued under Order 21 r 2(6).
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Defendant, Respondent | Government Agency | Appeal Dismissed | Won | Leong Kwang Ian of Attorney-General’s Chambers |
| Lai Swee Lin Linda | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | Lai Swee Lin Linda of Independent Practitioner |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Leong Kwang Ian | Attorney-General’s Chambers |
| Lai Swee Lin Linda | Independent Practitioner |
4. Facts
- The plaintiff commenced an action for alleged wrongful termination of her employment contract.
- The defendant applied to strike out parts of the plaintiff’s Statement of Claim.
- An Assistant Registrar ordered portions of the Statement of Claim struck out.
- The plaintiff appealed against the Assistant Registrar’s decision.
- The Court of Appeal ordered that the appeal in respect of the present action be set aside.
- The plaintiff filed her amended Statement of Claim more than one year after the last step or proceeding in the action.
5. Formal Citations
- Lai Swee Lin Linda v Attorney-General, Suit 995/2004, [2008] SGHC 17
6. Timeline
| Date | Event |
|---|---|
| Plaintiff commenced action for alleged wrongful termination of employment contract. | |
| Defendant applied to strike out parts of the plaintiff’s Statement of Claim. | |
| Defendant’s application heard before an assistant registrar. | |
| Assistant Registrar ordered portions of the Statement of Claim struck out and gave leave to amend other portions. | |
| Plaintiff appealed against the Assistant Registrar’s decision. | |
| Tan Lee Meng J dismissed the appeal but allowed three sentences to be reinstated in the Statement of Claim. | |
| Defendant served a statutory demand on the plaintiff for payment of costs. | |
| Plaintiff applied to set aside or stay the statutory demand. | |
| Assistant Registrar dismissed the plaintiff’s application in the bankruptcy proceedings. | |
| Plaintiff appealed against the dismissal of her application in the bankruptcy proceedings. | |
| Tan J dismissed her appeal. | |
| Plaintiff appealed to the Court of Appeal against Tan J’s decisions. | |
| Court of Appeal ordered that the appeal in respect of the present action be set aside. | |
| Registry informed the parties that CA No. 87 of 2005 was deemed withdrawn. | |
| Plaintiff filed her amended Statement of Claim. | |
| AR Kenneth Yap ruled that the present action was deemed discontinued. | |
| Plaintiff’s appeal was dismissed. | |
| Plaintiff took out Originating Summons No. 1369 of 2007 before the Court of Appeal to seek leave to file an appeal out of time against my decision. | |
| Plaintiff was granted leave to file an appeal within two weeks of the Court of Appeal’s order. | |
| Plaintiff filed her notice of appeal (in CA No. 134 of 2007). | |
| Appeal Dismissed |
7. Legal Issues
- Discontinuance
- Outcome: The court held that the action was deemed discontinued as no step or proceeding had been taken for more than one year.
- Category: Procedural
- Sub-Issues:
- Failure to take step or proceeding within one year
8. Remedies Sought
- Other Relief in Administrative Law
9. Cause of Actions
- Wrongful Termination of Employment Contract
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Moguntia-Est Epices SA v Sea-Hawk Freight Pte Ltd | High Court | Yes | [2003] 4 SLR 429 | Singapore | Cited for the definition of 'trigger date' in the context of automatic discontinuance. |
| Attorney-General v Tan Wee Beng | High Court | Yes | [2002] SGHC 261 | Singapore | Cited for the interpretation of 'step or proceeding' under O 21 r 2(6) of the Rules of Court. |
| Unknown | Court of Appeal | Yes | [2001] SGCA 10 | Singapore | Cited in relation to earlier proceedings regarding statutory demand on the plaintiff for payment of costs. |
| Unknown | High Court | Yes | [2005] SGHC 182 | Singapore | Cited in relation to the dismissal of the plaintiff's appeal in bankruptcy proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Order 21 r 2(6) Rules of Court (Cap 322, R 5, 2004 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Discontinuance
- Step or Proceeding
- Amended Statement of Claim
- Rules of Court
- Trigger Date
15.2 Keywords
- Discontinuance
- Civil Procedure
- Singapore
- High Court
- Rules of Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 75 |
| Termination | 60 |
| Contract Law | 50 |
| Arbitration | 30 |
16. Subjects
- Civil Procedure
- Discontinuance