OpenNet v. Info-Communications: Appeal for Judicial Review Dismissal

OpenNet Pte Ltd appealed against the High Court's decision to dismiss its application for leave to commence judicial review against the Info-Communications Development Authority of Singapore. The Court of Appeal dismissed the respondent's application to strike out the notice of appeal, ruling that OpenNet did not require leave to appeal the High Court's decision. The court clarified the interpretation of 'interlocutory application' within the context of the Supreme Court of Judicature Act.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Application to strike out the notice of appeal dismissed.

1.3 Case Type

Judicial Review

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

OpenNet's appeal against the dismissal of its judicial review application was dismissed, as no leave to appeal was required. The court clarified the interpretation of 'interlocutory application'.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
OpenNet Pte LtdAppellantCorporationAppeal AllowedWon
Info-Communications Development Authority of SingaporeRespondentStatutory BoardApplication DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of the Court of AppealYes
Andrew Phang Boon LeongJustice of the Court of AppealNo
V K RajahJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
Tan Chee MengWongPartnership
Lionel LeoWongPartnership
Daniel ChanWongPartnership
Melvin LumWongPartnership
Tricia HowWongPartnership
Cavinder BullDrew & Napier
Chia Voon JietDrew & Napier
Lin ShuminDrew & Napier

4. Facts

  1. OpenNet applied for leave to commence judicial review of a decision by the Info-Communications Development Authority of Singapore.
  2. The High Court dismissed OpenNet's application for leave.
  3. OpenNet filed a notice of appeal against the High Court's decision.
  4. The Info-Communications Development Authority of Singapore applied to strike out the notice of appeal, arguing that OpenNet required leave to appeal.
  5. The Court of Appeal dismissed the application to strike out the notice of appeal.

5. Formal Citations

  1. OpenNet Pte Ltd v Info-Communications Development Authority of Singapore, Civil Appeal No 81 of 2012/Q (Summons No 3702 of 2012/Y), [2013] SGCA 24

6. Timeline

DateEvent
OpenNet filed an application for leave to commence judicial review.
Hearing for leave to commence judicial review.
Hearing for leave to commence judicial review.
Hearing for leave to commence judicial review.
Hearing for leave to commence judicial review.
OpenNet’s leave application was dismissed.
OpenNet filed a notice of appeal.
Info-Communications Development Authority filed an application to strike out the notice of appeal.
Application to strike out the notice of appeal dismissed.

7. Legal Issues

  1. Requirement for Leave to Appeal
    • Outcome: The Court of Appeal held that leave to appeal was not required.
    • Category: Procedural
    • Sub-Issues:
      • Interpretation of 'interlocutory application'
      • Application of O 53 r 8 of the Rules of Court

8. Remedies Sought

  1. Leave to commence judicial review
  2. Appeal of High Court decision

9. Cause of Actions

  • Judicial Review

10. Practice Areas

  • Appeals
  • Regulatory Law

11. Industries

  • Telecommunications

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Blenwel Agencies Pte Ltd v Tan Lee KingCourt of AppealYes[2008] 2 SLR(R) 529SingaporeCited for the principle that the Court of Appeal's jurisdiction is conferred by statute.

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, Rev Ed 2006)

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore
Info-Communications Development Authority of Singapore Act (Cap 137A, 2000 Rev Ed)Singapore
Interpretation Act (Cap 1, 2002 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Judicial review
  • Leave to appeal
  • Interlocutory application
  • Originating summons
  • Rules of Court
  • Supreme Court of Judicature Act

15.2 Keywords

  • Judicial review
  • Appeal
  • Interlocutory
  • Singapore
  • Court of Appeal

17. Areas of Law

Area NameRelevance Score
Judicial Review80
Administrative Law75
Civil Procedure60
Appellate Practice50

16. Subjects

  • Civil Procedure
  • Judicial Review
  • Appeals