Lai Swee Lin Linda v Attorney-General: Application to Reopen Prior Court of Appeal Decisions
Lai Swee Lin Linda applied to the High Court of Singapore to reopen and rehear prior decisions by the Court of Appeal (Civil Appeal No 69 of 2000 and Civil Appeal No 87 of 2005) and the trial judge's first instance decision in Suit No 995 of 2004, concerning her termination as a legal officer. Choo Han Teck J dismissed the summons, finding no basis to conclude that the plaintiff was denied a fair hearing and noting that the central issue of her termination had been previously raised, heard, and dismissed at multiple levels.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Summons dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lai Swee Lin Linda's application to reopen prior Court of Appeal decisions regarding her termination as a legal officer was dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Defendant | Government Agency | Summons Dismissed | Won | Low Siew Ling of Attorney-General’s Chambers Elsie Lee of Attorney-General’s Chambers |
| Lai Swee Lin Linda | Plaintiff | Individual | Summons Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Low Siew Ling | Attorney-General’s Chambers |
| Elsie Lee | Attorney-General’s Chambers |
4. Facts
- The plaintiff sought judicial review of her termination as a legal officer in 2000.
- The Court of Appeal ruled she was not entitled to administrative law remedies as she was not a public servant.
- The plaintiff then brought a civil action claiming her termination was unconstitutional.
- The plaintiff's action was dismissed, and her appeal was dismissed by the Court of Appeal on 7 December 2005.
- The plaintiff claimed Lai J’s decision was tainted by bias.
- The plaintiff applied to reopen prior decisions based on the Lee Tat case and ss 29A(4), 37 of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed), as well as O 92 r 4 and O 57 r 13 of the Rules of Court.
5. Formal Citations
- Lai Swee Lin Linda v Attorney-General, Suit No 995 of 2004 (Summons No 5332 of 2011), [2012] SGHC 47
6. Timeline
| Date | Event |
|---|---|
| Employment of Lai Swee Lin Linda terminated. | |
| Lai Swee Lin Linda sought leave for judicial review via Originating Summons No 96 of 2000. | |
| Court of Appeal ruled on Civil Appeal No 69 of 2000. | |
| Lai Swee Lin Linda brought a civil action in Suit No 995 of 2004. | |
| Lai Swee Lin Linda applied to stay bankruptcy proceedings in Originating Summons (Bankruptcy) No 38 of 2005. | |
| Court of Appeal dismissed Lai Swee Lin Linda's appeal in Civil Appeal No 87 of 2005. | |
| Lai J heard Lai Swee Lin Linda's claim in Suit No 995 of 2004. | |
| Summons No 5332 of 2011 filed in Suit No 995 of 2004. | |
| Summons dismissed by Choo Han Teck J. |
7. Legal Issues
- Reopening of Prior Court Decisions
- Outcome: The court dismissed the summons, finding no basis to reopen the prior decisions.
- Category: Procedural
- Related Cases:
- [2010] SGCA 39
- Bias
- Outcome: The court found no evidence of bias in the previous judgments.
- Category: Substantive
8. Remedies Sought
- Order to reopen and rehear earlier decisions
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lai Swee Lin Linda v Attorney General | Court of Appeal | Yes | [2006] 2 SLR(R) 565 | Singapore | Cited as the final disposition of the plaintiff's action in Suit No 995 of 2004, which the plaintiff sought to reopen. |
| Management Corporation Strata Title Plan No 301 v Lee Tat Development Pte Ltd | Court of Appeal | Yes | [2010] SGCA 39 | Singapore | Cited by the plaintiff as the basis for the Court of Appeal to rehear a case. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Reopen
- Rehear
- Judicial Review
- Termination
- Bias
- Fair Hearing
15.2 Keywords
- reopen
- rehear
- judicial review
- termination
- bias
- fair hearing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Termination of Employment | 80 |
| Employment Law | 75 |
| Civil Procedure | 60 |
| Administrative Law | 50 |
16. Subjects
- Civil Litigation
- Employment Law