Jagbir Singh v Lim Keh Thye: Deemed Discontinuance & Notice of Change of Solicitors
In Jagbir Singh s/o Baldhiraj Singh v Lim Keh Thye and Another, the High Court of Singapore addressed whether a notice of change of solicitors constitutes a step or proceeding under O 21 r 2(6) of the Rules of Court, which concerns deemed discontinuance of actions. The plaintiff, Jagbir Singh, filed a claim against the defendants, Lim Keh Thye and The Society for the Physically Disabled L.K.A The Society for Aid to the Paralysed, following a road accident. The defendants appealed the Assistant Registrar's decision that their notice of change of solicitors was a step or proceeding, preventing deemed discontinuance. Kan Ting Chiu J dismissed the appeal, holding that the notice of change of solicitors was indeed a step or proceeding under the rule.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court held that filing a notice of change of solicitors is a step or proceeding under O 21 r 2(6) of the Rules of Court.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Jagbir Singh s/o Baldhiraj Singh | Plaintiff | Individual | Lost | Lost | Subir Singh Panoo |
| Lim Keh Thye | Defendant, Respondent | Individual | Won | Won | Teo Weng Kie |
| The Society for the Physically Disabled L.K.A The Society for Aid to the Paralysed | Defendant, Respondent | Association | Won | Won | Teo Weng Kie |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Subir Singh Panoo | Sim Mong Teck & Partners |
| Teo Weng Kie | Tan Kok Quan Partnership |
4. Facts
- Plaintiff filed a claim against the defendants on 30 May 2005.
- Interlocutory judgment was entered against the defendants on 7 August 2006.
- On 5 July 2007, a notice of change of solicitors was filed on behalf of the defendants.
- On 18 July 2007, the plaintiff tendered payment of $600 to the defendants for costs.
- On 16 May 2008, an application was filed by the solicitors for the defendants for a declaration that the action be deemed discontinued.
5. Formal Citations
- Jagbir Singh s/o Baldhiraj Singh v Lim Keh Thye and Another, Suit 372/2005, RA 281/2008, [2009] SGHC 166
6. Timeline
| Date | Event |
|---|---|
| Plaintiff filed a claim against the defendants. | |
| Interlocutory judgment was entered against the defendants with damages to be assessed. | |
| Plaintiff was ordered to pay costs to the defendants. | |
| Notice of change of solicitors was filed on behalf of the defendants. | |
| Plaintiff tendered payment of $600 to the defendants for costs. | |
| Application was filed by the solicitors for the defendants for a declaration that the action be deemed discontinued. | |
| Judgment reserved. |
7. Legal Issues
- Deemed Discontinuance
- Outcome: The court held that filing a notice of change of solicitors is a step or proceeding under O 21 r 2(6) of the Rules of Court, preventing deemed discontinuance.
- Category: Procedural
- Related Cases:
- [1965] 1 MLJ 256
- [2003] 4 SLR 575
- [2004] 1 SLR 181
- [2008] 3 SLR 43
- [2004] 4 SLR 7
- [2003] 4 SLR 429
- [1946] 2 All ER 41
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Gian Singh & Co Ltd v Super Services | Unknown | Yes | [1965] 1 MLJ 256 | Singapore | Cited as authority that a notice of change of solicitors is a proceeding. |
| The “Melati” | Unknown | Yes | [2003] 4 SLR 575 | Singapore | Cited Gian Singh as authority that a notice of change of solicitors is a proceeding. |
| Tan Kim Seng v Ibrahim Victor Adam | Court of Appeal | Yes | [2004] 1 SLR 181 | Singapore | Discusses the application of r 2(6) to proceedings after an interlocutory judgment is entered. |
| Woon Tek Seng v V Jayaraman a/l V A Vellasamy | Unknown | Yes | [2008] 3 SLR 43 | Singapore | Deals with a party’s right to commence a fresh action after an action has been deemed discontinued. |
| The “Melati” | Court of Appeal | Yes | [2004] 4 SLR 7 | Singapore | Court held that an entry in the court’s records was a step or proceeding even if it did not on its own bring the action forward. |
| Moguntia-Est Epices SA v Sea-Hawk Freight Pte Ltd | Unknown | Yes | [2003] 4 SLR 429 | Singapore | Held that it was the “filing” and not the “service” which ought to be reckoned with. |
| Barclay Davit Co., Ltd. v. Taylor & Sons | Unknown | Yes | [1946] 2 All ER 41 | England | Discusses what constitutes a 'proceeding' in the context of discontinuance. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R5, 2006 Rev Ed) O 21 r 2(6) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Deemed discontinuance
- Notice of change of solicitors
- Step or proceeding
- Rules of Court
- Interlocutory judgment
15.2 Keywords
- Civil Procedure
- Litigation
- Singapore
- High Court
- Deemed Discontinuance
- Rules of Court
- Notice of Change of Solicitors
16. Subjects
- Civil Procedure
- Litigation
17. Areas of Law
- Civil Procedure
- Rules of Court
- Deemed Discontinuance