Chan Gek Yong v Chan Gek Lan: Dismissal of Second Action to Set Aside Prior Judgment
In Chan Gek Yong v Chan Gek Lan, the High Court of Singapore, presided over by Justice Woo Bih Li, dismissed the plaintiff's second action on May 9, 2012, seeking to set aside a prior judgment from Suit No 287 of 2007. The plaintiff, Chan Gek Yong, attempted to re-litigate claims against her sister, Chan Gek Lan, concerning rental income from a Serangoon property and other financial matters. The court found that the new evidence presented by the plaintiff was insufficient to justify setting aside the original judgment, leading to the dismissal of the second action.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Second Action dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed Chan Gek Yong's second action against Chan Gek Lan, seeking to set aside a prior judgment. The court found the new evidence insufficient to justify setting aside the original decision.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Gek Yong | Plaintiff | Individual | Second Action dismissed | Lost | |
| Chan Gek Lan | Defendant | Individual | Second Action dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Koh Hai Keong | Koh & Partners |
4. Facts
- The plaintiff sought to set aside a prior judgment in Suit No 287 of 2007.
- The plaintiff claimed the defendant falsely asserted how rent was paid in the first action.
- The plaintiff alleged discovery of new evidence regarding rental payments.
- The plaintiff claimed entitlement to set aside the earlier judgment based on the alleged discovery.
- The court found the new evidence did not affect the decision on the plaintiff's entitlement to rent.
- The plaintiff did not appeal the earlier judgment but filed an originating summons later.
- The court determined it lacked jurisdiction to grant an extension of time to appeal.
5. Formal Citations
- Chan Gek Yong v Chan Gek Lan, Suit No 283 of 2010, [2012] SGHC 102
- Chan Gek Yong v Chan Gek Lan, , [2008] SGHC 167
6. Timeline
| Date | Event |
|---|---|
| First Action filed (Suit No 287 of 2007) | |
| Judgment issued in First Action | |
| Originating Summons No 882 of 2009 filed | |
| Decision made in Originating Summons No 882 of 2009 | |
| Second Action filed (Suit No 283 of 2010) | |
| Second Action dismissed | |
| Decision Date |
7. Legal Issues
- Setting aside a prior judgment
- Outcome: The court dismissed the plaintiff's action to set aside the prior judgment.
- Category: Procedural
- Related Cases:
- [2008] SGHC 167
8. Remedies Sought
- Setting aside of prior judgment
- New trial of the First Action
- Leave to file a Notice of Appeal to the Court of Appeal out of time
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 |
|---|---|---|---|---|---|
| Chan Gek Yong v Chan Gek Lan | High Court | Yes | [2008] SGHC 167 | Singapore | Cited as the earlier judgment which the plaintiff sought to set aside in the Second Action. |
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
- Setting aside judgment
- Fresh evidence
- Res judicata
- Abuse of process
15.2 Keywords
- judgment
- appeal
- dismissal
- evidence
- rent
- Chan Gek Yong
- Chan Gek Lan
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Res Judicata | 90 |
| Civil Procedure | 80 |
| Civil Litigation | 70 |
| Contract Law | 30 |
| Real Estate | 20 |
16. Subjects
- Civil Litigation
- Appeals