Chan Chin Cheung v Chan Fatt Cheung: Stay of Proceedings & Forum Non Conveniens in Defamation Claim
Chan Chin Cheung appealed against the High Court's decision to stay Singapore proceedings pending the outcome of Malaysian proceedings. The Singapore proceedings were initiated by Chan Chin Cheung against Chan Fatt Cheung, Chan See Chuen, and Chan Chee Chiu for alleged defamatory statements. The Court of Appeal dismissed the appeal, affirming the stay to avoid conflicting judgments, given the overlap between the Singapore defamation claim and the Malaysian proceedings concerning the administration of the deceased's estate.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed with costs and the usual consequential orders.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding stay of Singapore defamation proceedings pending Malaysian proceedings. Court affirms stay to avoid conflicting judgments.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Chin Cheung | Appellant | Individual | Appeal Dismissed | Lost | Sarbit Singh Chopra, Cheryl Monterio |
| Chan Fatt Cheung | Respondent | Individual | Appeal Against Stay Allowed | Won | Lim Shack Keong, Loo Sai Fung |
| Chan See Chuen | Respondent | Individual | Appeal Against Stay Allowed | Won | Lim Shack Keong, Loo Sai Fung |
| Chan Chee Chiu | Respondent | Individual | Appeal Against Stay Allowed | Won | Lim Shack Keong, Loo Sai Fung |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sarbit Singh Chopra | Lim & Lim |
| Cheryl Monterio | Lim & Lim |
| Lim Shack Keong | Drew & Napier LLC |
| Loo Sai Fung | Drew & Napier LLC |
4. Facts
- Appellant sued respondents for defamation based on circulars sent to beneficiaries.
- Circulars contained statements about appellant's sons, mental stability, and dishonesty.
- Malaysian proceedings involved disputes over the administration of the deceased's estate.
- Appellant previously filed suits in Malaysia against the respondents as trustees.
- Appellant applied to stay the first Malaysian suit, which was dismissed.
- Respondents sought a stay of the Singapore action pending the Malaysian proceedings.
- The alleged defamatory statements did not concern the appellant's conduct in Singapore.
5. Formal Citations
- Chan Chin Cheung v Chan Fatt Cheung and Others, CA 148/2008, [2009] SGCA 62
6. Timeline
| Date | Event |
|---|---|
| Chan Wing died | |
| Appellant requested DNA certification of grandsons | |
| Appellant repeated request for DNA certification | |
| Respondents informed appellant of estate lawyers' opinion on grandson eligibility | |
| Appellant claimed two sons qualified as beneficiaries | |
| Singapore action instituted | |
| Appellant applied to stay first Malaysian suit | |
| Malaysian court dismissed appellant's stay application | |
| Respondents sought stay of Singapore action | |
| Judge allowed respondents’ appeal and ordered a stay of the Singapore proceedings | |
| Judgment reserved |
7. Legal Issues
- Stay of Proceedings
- Outcome: The court upheld the stay of proceedings pending the outcome of related Malaysian proceedings.
- Category: Procedural
- Sub-Issues:
- Forum non conveniens
- Extension of time for stay application
- Forum Non Conveniens
- Outcome: The court determined that Malaysia was a more appropriate forum due to the risk of conflicting judgments.
- Category: Jurisdictional
- Sub-Issues:
- Appropriate forum for trial
- Risk of conflicting judgments
8. Remedies Sought
- Damages for defamation
9. Cause of Actions
- Defamation
10. Practice Areas
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wing Hak Man v Bio-Treat Technology Ltd | High Court | Yes | [2009] 1 SLR 446 | Singapore | Cited to support the view that the timeline set in Order 12 Rule 7(2) is not absolute and can be extended. |
| Mohammed v Bank of Kuwait and the Middle East KSC | Unspecified | Yes | [1996] 1 WLR 1483 | England | Cited to support the view that there was a discretion in the courts to extend time for filing a stay application. |
| Williams & Glyn’s Bank v Astro Dinamico Compania Naviera SA | House of Lords | Yes | [1984] 1 WLR 438 | England | Cited to suggest that the then English Order 12 Rule 8 could not apply to a stay application on the ground of forum non conveniens. |
| The Jian He | Court of Appeal | Yes | [2000] 1 SLR 8 | Singapore | Cited for the proposition that a litigant applying for a stay under Order 12 Rule 7(2) on the ground of forum non conveniens accepts the court’s jurisdiction and is not to be treated as disputing it. |
| United Engineers (Singapore) Pte Ltd v Lee Lip Hiong | High Court | Yes | [2004] SGHC 190 | Singapore | Cited to support the principle that timelines in the Rules of Court should not be extended if a purposive interpretation of the relevant rule makes it necessary to conclude that the time limit was intended to be absolute. |
| The “Tokai Maru” | Unspecified | Yes | [1998] 3 SLR 105 | Singapore | Cited for the principle that extensions pertaining to matters that touch upon the substantive merits of a party’s case should generally be granted unless the other party would suffer prejudice that could not be compensated by costs. |
| Spiliada Maritime Corporation v Cansulex Ltd | Unspecified | Yes | [1987] AC 460 | England | Cited as setting out the two-stage test for determining whether a stay should be ordered on the ground of forum non conveniens. |
| Rickshaw Investments Ltd v Nicolai Baron von Uexkull | Unspecified | Yes | [2007] 1 SLR 377 | Singapore | Cited for the two-stage test for determining whether a stay should be ordered on the ground of forum non conveniens. |
| CIMB Bank Bhd v Dresdner Kleinwort Ltd | Unspecified | Yes | [2008] 4 SLR 543 | Singapore | Cited for the two-stage test for determining whether a stay should be ordered on the ground of forum non conveniens and that the appellate court will only review the Judge’s exercise of his discretion. |
| Good Earth Agricultural Co Ltd v Novus International Pte Ltd | Unspecified | Yes | [2008] 2 SLR 711 | Singapore | Cited for the importance of the location of the majority of the witnesses as an important factor pointing to Singapore as the more appropriate forum. |
| Ismail bin Sukardi v Kamal bin Ikhwan | High Court | Yes | [2008] SGHC 191 | Singapore | Cited for the principle that Malaysia and Singapore are neighbouring states and travel time between the two countries should pose no real challenge for witnesses from either side. |
| Aaron v Cheong Yip Seng | Unspecified | Yes | [1996] 1 SLR 623 | Singapore | Cited for the principle that the court has to determine the true meanings of the allegedly defamatory statements and decide whether those statements are substantially true. |
| Oei Hong Leong v Ban Song Long David | Unspecified | Yes | [2005] 1 SLR 277 | Singapore | Cited for the principle that the court has to determine the true meanings of the allegedly defamatory statements and decide whether those statements are substantially true. |
| Yusen Air & Sea Service (S) Pte Ltd v KLM Royal Dutch Airlines | Unspecified | Yes | [1999] 4 SLR 21 | Singapore | Cited for the principle that the risk of concurrent proceedings leading to conflicting judgments is a factor to be taken into account in the Spiliada test. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Trustees Act 1949 | Malaysia |
| Supreme Court of Judicature Act | Singapore |
| Evidence (Civil Proceedings in Other Jurisdictions) Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of proceedings
- Forum non conveniens
- Defamation
- Trustees
- Beneficiaries
- Malaysian proceedings
- Singapore action
- Estate administration
- Conflicting judgments
15.2 Keywords
- stay of proceedings
- forum non conveniens
- defamation
- trustees
- beneficiaries
- estate
- Singapore
- Malaysia
16. Subjects
- Civil Procedure
- Defamation
- Trusts
- Forum Non Conveniens
17. Areas of Law
- Civil Procedure
- Defamation Law
- Conflict of Laws
- Trust Law