Piong v Lau: Security for Costs Application Based on Out-of-Jurisdiction Residency
In Piong Michelle Lucia v Lau Kee Swan, the High Court of Singapore heard an application by the defendant, Lau Kee Swan, for security for costs, arguing that the plaintiff, Piong Michelle Lucia, was ordinarily resident out of the jurisdiction. The application was based on Order 23 Rule 1(1)(a) of the Rules of Court. The court dismissed the application, finding that the defendant failed to prove, on the balance of probabilities, that the court had jurisdiction to order security for costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for security for costs was dismissed as the defendant failed to prove the plaintiff was ordinarily resident out of jurisdiction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Piong Michelle Lucia | Plaintiff | Individual | Application Dismissed | Won | |
| Lau Kee Swan | Defendant | Individual | Application Dismissed | Lost | Tan Yew Fai of Y F Tan & Co |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Justin Yeo | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Philip Ling | Wong Tan & Molly Lim LLC |
| Teng Jian Xi | Wong Tan & Molly Lim LLC |
| Tan Yew Fai | Y F Tan & Co |
4. Facts
- The plaintiff and defendant were former lovers.
- The plaintiff brought a suit against the defendant regarding a property at 43 Jalan Anggerek, Singapore 369578.
- The plaintiff is an Indonesian citizen and a Singapore permanent resident since 1998.
- The defendant applied for security for costs based on the plaintiff being ordinarily resident out of jurisdiction.
- The plaintiff claimed she resided in Singapore on a permanent basis.
- The defendant alleged the plaintiff had multiple identities and was also known as Megan Daniella, who was a bankrupt.
- The plaintiff denied being Megan Daniella and challenged the authenticity of passports bearing that name.
5. Formal Citations
- Piong Michelle Lucia v Lau Kee Swan, Suit No 696 of 2011 (Summons No 2772 of 2012), [2012] SGHCR 16
6. Timeline
| Date | Event |
|---|---|
| Sale of the Property completed | |
| Suit filed | |
| First hearing | |
| Second hearing | |
| Third hearing | |
| Fourth hearing | |
| Fifth hearing | |
| Sixth hearing | |
| Judgment issued |
7. Legal Issues
- Security for Costs
- Outcome: The court held that the defendant failed to prove that the plaintiff was ordinarily resident out of the jurisdiction, and therefore the application for security for costs was dismissed.
- Category: Procedural
- Sub-Issues:
- Ordinary residence out of jurisdiction
8. Remedies Sought
- Damages
9. Cause of Actions
- Breach of Oral Agreement
- Breach of Trust Deed
10. Practice Areas
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tjong Very Sumito and others v Chan Sing En and others | Court of Appeal | Yes | [2011] 4 SLR 580 | Singapore | Cited for the two-stage test for security of costs applications under Order 23 Rule 1(1) of the Rules of Court. |
| Tjong Very Sumito and others v Chan Sing En and others | High Court | Yes | [2011] 2 SLR 360 | Singapore | Cited for the High Court's findings on the appellants' ordinary residence in Indonesia and their business interests there. |
| Ho Wing On Christopher v ECRC Land Pte Ltd | N/A | Yes | [2006] 4 SLR(R) 817 | Singapore | Cited for the principle that the impecuniosity of a plaintiff cannot, of itself, found jurisdiction to give security for costs. |
| Piong Michelle Lucia v Yuk Ming Cheung | High Court | No | [2010] SGHC 110 | Singapore | Cited to show that the plaintiff was involved in businesses in Singapore, Indonesia and Hong Kong. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Security for costs
- Ordinary residence
- Rules of Court
- Multiple identities
- Permanent resident
- Jurisdiction
- Balance of probabilities
15.2 Keywords
- Security for costs
- Ordinary residence
- Singapore
- Civil procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 70 |
| Jurisdiction | 60 |
| Costs | 50 |
| Property Law | 30 |
| Trust Law | 30 |
| Contract Law | 30 |
16. Subjects
- Civil Procedure
- Security for Costs