Anwar Siraj v Ting Kang Chung John: Application to Compel Police Investigation Dismissed

In Anwar Siraj and Another v Ting Kang Chung John and Another, the High Court of Singapore heard an application by the plaintiffs, Anwar Siraj and Khoo Cheng Neo Norma, to compel the police to investigate allegations of fraud against the defendants, Ting Kang Chung John and Teo Hee Lai Building Construction Pte Ltd. The court, presided over by Justice Lee Seiu Kin, dismissed the application, holding that it lacked the power to order the police to conduct or expedite investigations. The plaintiffs were ordered to pay costs to the defendants. The decision was made on 25 March 2009.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court dismissed an application by Anwar Siraj to compel police investigation into fraud allegations, emphasizing the judiciary's lack of authority over police investigations.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Anwar SirajPlaintiffIndividualApplication DismissedLost
Teo Hee Lai Building Construction Pte LtdDefendantCorporationCosts AwardedWon
Khoo Cheng Neo NormaPlaintiffIndividualApplication DismissedLost
Ting Kang Chung JohnDefendantIndividualCosts AwardedWon

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
S ThulasidasLing Das & Partners
Ng YuenMalkin & Maxwell LLP

4. Facts

  1. The plaintiffs sought an order to compel the police to investigate allegations of fraud against the defendants.
  2. The first defendant is the arbitrator in arbitration proceedings between the plaintiffs and the second defendant.
  3. The plaintiffs filed an originating summons to set aside the arbitration award.
  4. The plaintiffs filed a summons seeking consolidation of cases and conversion of the originating summons to a writ of summons.
  5. The court found no connection between the Magistrate’s complaints and the dispute in the originating summons or related cases.

5. Formal Citations

  1. Anwar Siraj and Another v Ting Kang Chung John and Another, OS 1231/2008, SUM 4814/2008, [2009] SGHC 71

6. Timeline

DateEvent
Originating summons filed to set aside the arbitration award.
Summons filed seeking consolidation of cases and conversion of originating summons to writ of summons.
Hearing held regarding prayer 5 of the summons.
Application dismissed.

7. Legal Issues

  1. Power of the Court to Order Police Investigation
    • Outcome: The court held that it does not have the power to order the police to conduct an investigation or to expedite an investigation.
    • Category: Jurisdictional

8. Remedies Sought

  1. Order to set aside the arbitration award
  2. Referral of disputes to the courts
  3. Order directing police investigation
  4. Consolidation of cases
  5. Conversion of originating summons to writ of summons

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
Rules of Court Order 4 Rule 1
Rules of Court Order 28 Rule 8
Rules of Court Order 5 Rules 2 and 4
Rules of Court Order 25 Rules 2 to 7

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Arbitration award
  • Police investigation
  • Originating summons
  • Consolidation of cases
  • Writ of summons

15.2 Keywords

  • Police investigation
  • Arbitration
  • Civil procedure
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Arbitration70
Civil Procedure60
Criminal Procedure50
Costs40

16. Subjects

  • Civil Procedure
  • Judicial Review