Ting Kang Chung John v Teo Hee Lai Building Construction: Application for Extension of Time to Issue Arbitral Award
In Ting Kang Chung John v Teo Hee Lai Building Construction Pte Ltd, Anwar Siraj, and Khoo Cheng Neo Norma, the High Court of Singapore heard an appeal by Anwar Siraj against Assistant Registrar Chung's decision to not strike out Ting Kang Chung John's action for an extension of time to issue an arbitral award and for outstanding fees. The High Court dismissed Siraj's appeal, finding no wilful conduct on the part of Ting or his counsel to justify striking out the action or ordering committal.
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
Architect Ting Kang Chung John sought an extension to issue an arbitral award and payment of outstanding fees. The court dismissed an appeal to strike out the action.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ting Kang Chung John | Plaintiff | Individual | Action not dismissed | Neutral | Ng Yuen |
| Teo Hee Lai Building Construction Pte Ltd | Defendant | Corporation | No order of committal | Neutral | Thulasidas s/o Rengasamy Suppramaniam |
| Anwar Siraj | Defendant, Appellant | Individual | Appeal dismissed | Lost | Raman Gopalan |
| Khoo Cheng Neo Norma | Defendant | Individual | No order of committal | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ng Yuen | Ng & Koh |
| Thulasidas s/o Rengasamy Suppramaniam | Ling Das & Partners |
| Raman Gopalan | G R Law Corporation |
4. Facts
- Mr. Ting was appointed by the Singapore Institute of Architects to conduct arbitration between THL and Mr. Siraj and Mdm Khoo.
- Mr. Ting commenced an action for an extension of time to issue the arbitral award and for outstanding fees of $199,178.40.
- Mr. Siraj applied for an order to dismiss Mr. Ting’s action for failure to comply with an earlier order for production of documents.
- Mr. Siraj alleged that not all documents required for inspection were made available.
- Mr. Siraj also alleged that some documents supplied to him were substituted with incorrect ones.
- Mr. Ng, Mr. Ting’s counsel, admitted to some mistakes but denied wilful conduct.
- AR Chung made an order for inspection of certain documents, but declined to strike out Mr. Ting’s action or make an order of committal.
5. Formal Citations
- Ting Kang Chung John v Teo Hee Lai Building Construction Pte Ltd and Others, OS 1807/2006, RA 400/2007, [2008] SGHC 63
6. Timeline
| Date | Event |
|---|---|
| Arbitration proceedings commenced | |
| Arbitration proceedings concluded | |
| Requested extension of time to issue arbitral award | |
| Originating Summons No 1807 of 2006 commenced | |
| Notice to Produce Documents for Inspection issued | |
| AR Lee made an order for inspection of documents | |
| Inspection of documents at M/s Ng & Koh | |
| Affidavit filed by Mr. Siraj | |
| Summons No 4906 of 2007 and affidavit filed | |
| Affidavit filed by Ng Yuen | |
| Affidavit filed by Mr. Siraj | |
| AR Chung declined to strike out Mr Ting’s action or make any order of committal | |
| Inspection of certain documents | |
| Appeal heard and dismissed | |
| Judgment reserved |
7. Legal Issues
- Failure to comply with order for production of documents
- Outcome: The court found no wilful conduct on the part of Mr. Ting or his counsel that would justify the primary reliefs sought.
- Category: Procedural
- Sub-Issues:
- Obstruction of discovery
- Frustration of discovery
8. Remedies Sought
- Extension of time to issue arbitral award
- Payment of outstanding fees
9. Cause of Actions
- Claim for outstanding fees
10. Practice Areas
- Commercial Litigation
- Arbitration
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitration
- Arbitral award
- Discovery
- Inspection of documents
- Wilful conduct
- Order of committal
15.2 Keywords
- Arbitration
- Civil Procedure
- Singapore
- Discovery
- Extension of time
- Arbitral award
- Outstanding fees
16. Subjects
- Arbitration
- Civil Procedure
- Discovery
17. Areas of Law
- Civil Procedure
- Arbitration Law