Ting Kang Chung John v Teo Hee Lai: Discovery, Interlocutory Applications & Hampering Adjudication
In Ting Kang Chung John v Teo Hee Lai Building Construction Pte Ltd, the High Court of Singapore addressed a dispute over arbitration fees claimed by the plaintiff, John Ting Kang Chung, against Teo Hee Lai Building Construction Pte Ltd, Anwar Siraj, and Khoo Cheng Neo Norma. The plaintiff, an architect and arbitrator, sought payment of $199,178.40. The second defendant, Anwar Siraj, repeatedly filed interlocutory applications for discovery, which were largely unsuccessful. Tay Yong Kwang J dismissed both appeals filed by the second defendant and ordered him to pay costs to the plaintiff, criticizing the second defendant's obstructionist tactics.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Both appeals dismissed with costs to be paid by the second defendant to the plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Architect John Ting Kang Chung sues for arbitration fees. The case highlights how excessive interlocutory applications can obstruct justice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Anwar Siraj | Defendant | Individual | Appeals dismissed with costs | Lost | Anwar Siraj of Independent Practitioner |
| Teo Hee Lai Building Construction Pte Ltd | Defendant | Corporation | Neutral | Neutral | |
| Khoo Cheng Neo Norma | Defendant | Individual | Neutral | Neutral | |
| Ting Kang Chung John | Plaintiff | Individual | Appeals allowed with costs | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anwar Siraj | Independent Practitioner |
| G Raman | G R Law Corporation |
| Ng Yuen | Ng & Koh |
4. Facts
- The plaintiff is an architect appointed as arbitrator in a dispute.
- The plaintiff sought an extension of time to issue the arbitral award and payment of fees.
- The second defendant repeatedly applied for discovery of documents.
- The second defendant's applications and appeals were largely unsuccessful.
- The court found the second defendant's actions were delaying the adjudication of the case.
5. Formal Citations
- Ting Kang Chung John v Teo Hee Lai Building Construction Pte Ltd and Others, OS 1807/2006, RA 16/2008, 17/2008, [2008] SGHC 54
6. Timeline
| Date | Event |
|---|---|
| Arbitral award dated | |
| Originating summons commenced | |
| Second defendant applied for discovery of documents | |
| Second defendant's appeal unsuccessful | |
| Second defendant applied to strike out the plaintiff’s action | |
| Defendants ordered to file affidavits | |
| Defendants filed affidavits | |
| Second defendant issued another notice to produce 121 documents | |
| Second defendant applied for further discovery of documents | |
| Hearing of the originating summons | |
| Assistant registrar ordered discovery of 8 out of the 121 documents | |
| Second defendant issued yet another notice to the plaintiff to produce further documents | |
| Plaintiff sent a copy of the said correspondence and of pages 3, 4 and 5 of the arbitral award to the second defendant | |
| Second defendant filed summons no. 5581 of 2007 | |
| Second defendant filed summons no. 5635 of 2007 | |
| Summonses heard together by an assistant registrar | |
| Second defendant filed two notices of appeal | |
| Appeal against the order of 12 December 2007 was heard and dismissed by Woo Bih Li J | |
| Appeals in the two summonses came before me | |
| Decision Date |
7. Legal Issues
- Discovery of Documents
- Outcome: The court dismissed the second defendant's appeals related to discovery, finding his requests disingenuous and aimed at obstructing the litigation process.
- Category: Procedural
- Sub-Issues:
- Repeated applications for discovery
8. Remedies Sought
- Extension of time to issue arbitral award
- Payment of arbitration fees
9. Cause of Actions
- Claim for arbitration fees
10. Practice Areas
- Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| O 24 rr 7 and 13 of the Rules of Court, Cap 322 R 5, 2006 Ed |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitration
- Discovery
- Interlocutory applications
- Arbitral award
- Extension of time
15.2 Keywords
- Discovery
- Interlocutory applications
- Arbitration
- Singapore
- Civil Procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 90 |
| Arbitration | 70 |
| Evidence Law | 50 |
16. Subjects
- Civil Procedure
- Arbitration