Lai Swee Lin Linda v Attorney-General: Vexatious Litigant Order for Abuse of Process

In Attorney-General v Lai Swee Lin Linda, the High Court of Singapore, on 19 October 2015, granted the Attorney-General's application under Section 74 of the Supreme Court of Judicature Act for a vexatious litigant order against Mdm Linda Lai Swee Lin. The court found that Mdm Lai had habitually and persistently instituted vexatious legal proceedings against the Government and related entities over a 15-year period, stemming from the termination of her employment with the Land Office in 1998. The court concluded that Mdm Lai's actions constituted an abuse of process, warranting the restriction on her ability to initiate further legal proceedings without the court's leave.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application granted

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court granted the Attorney-General's application for a vexatious litigant order against Linda Lai Swee Lin, restricting her from initiating further legal proceedings without court approval due to her history of repeatedly relitigating settled matters.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Attorney-GeneralApplicantGovernment AgencyApplication grantedWon
Zheng Shaokai of Attorney-General’s Chambers
Germaine Boey of Attorney-General’s Chambers
Ruth Yeo of Attorney-General’s Chambers
Lai Swee Lin LindaRespondentIndividualApplication for vexatious litigant order granted against respondentLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Zheng ShaokaiAttorney-General’s Chambers
Germaine BoeyAttorney-General’s Chambers
Ruth YeoAttorney-General’s Chambers

4. Facts

  1. Mdm Lai was employed at the Land Office from 28 November 1996 to 21 December 1998.
  2. Mdm Lai's probationary period was retrospectively extended for one year.
  3. Mdm Lai's employment was terminated by the Senior Personnel Board F on 21 December 1998.
  4. Mdm Lai appealed to the Appeals Board and the Public Service Commission, but her appeals were unsuccessful.
  5. Mdm Lai filed multiple legal proceedings against the Government and related entities over a 15-year period.
  6. The Court of Appeal held that the matters Mdm Lai complained of were not susceptible to judicial review.
  7. Mdm Lai continued to insert paragraphs pertaining to judicial review in her Statement of Claim despite the CA ruling.

5. Formal Citations

  1. Attorney-General v Lai Swee Lin Linda, , [2015] SGHC 269
  2. Attorney-General v Lai Swee Lin Linda, Originating Summons No 1014 of 2014, Originating Summons No 1014 of 2014
  3. Attorney-General v Lai Swee Lin Linda, Civil Appeal No 205 of 2015, Civil Appeal No 205 of 2015
  4. Attorney-General v Lai Swee Lin Linda, , [2016] SGCA 54
  5. Linda Lai Swee Lin v Public Service Commission, Originating Summons No 96 of 2000, Originating Summons No 96 of 2000
  6. Public Service Commission v Lai Swee Lin Linda, Civil Appeal No 69 of 2000, Civil Appeal No 69 of 2000
  7. Lai Swee Lin Linda v Attorney-General, Suit No 995 of 2004, Suit No 995 of 2004
  8. Lai Swee Lin Linda v Attorney-General, Summons-in-Chambers No 123 of 2005, Summons-in-Chambers No 123 of 2005
  9. Lai Swee Lin Linda v Attorney-General, Registrar’s Appeal No 66 of 2005, Registrar’s Appeal No 66 of 2005
  10. Lai Swee Lin Linda v Attorney-General, Originating Summons in Bankruptcy No 38 of 2005, Originating Summons in Bankruptcy No 38 of 2005
  11. Lai Swee Lin Linda v Attorney-General, Civil Appeal No 87 of 2005, Civil Appeal No 87 of 2005
  12. Lai Swee Lin Linda v Attorney-General, Notice of Motion No 81 of 2005, Notice of Motion No 81 of 2005
  13. Lai Swee Lin Linda v Attorney-General, Registrar’s Appeal No 61 of 2007, Registrar’s Appeal No 61 of 2007
  14. Lai Swee Lin Linda v Attorney-General, Summons No 3473 of 2007, Summons No 3473 of 2007
  15. Lai Swee Lin Linda v Attorney-General, Originating Summons No 1369 of 2007, Originating Summons No 1369 of 2007
  16. Lai Swee Lin Linda v Attorney-General, Civil Appeal No 134 of 2007, Civil Appeal No 134 of 2007
  17. Lai Swee Lin Linda v Attorney-General, Summons No 2767 of 2008, Summons No 2767 of 2008
  18. Lai Swee Lin Linda v Attorney-General, Summons No 5365 of 2008, Summons No 5365 of 2008
  19. Lai Swee Lin Linda v Attorney-General, Summons No 5332 of 2011, Summons No 5332 of 2011
  20. Lai Swee Lin Linda v Attorney-General, Civil Appeal No 31 of 2012, Civil Appeal No 31 of 2012
  21. Lai Swee Lin Linda v Attorney-General, Originating Summons No 1246 of 2013, Originating Summons No 1246 of 2013
  22. Lai Swee Lin Linda v Attorney-General, Summons No 2297 of 2014, Summons No 2297 of 2014
  23. Lai Swee Lin Linda v Attorney-General, Summons No 5748 of 2014, Summons No 5748 of 2014

6. Timeline

DateEvent
Mdm Lai appointed as Senior Officer Grade III at the Land Office.
Original end date of Mdm Lai's probationary period.
Mdm Lai informed that her confirmation would not be recommended.
Mdm Lai received letter stating she would not be confirmed and her probation was extended.
Mdm Lai's employment terminated by the Senior Personnel Board F.
Mdm Lai appealed to the Appeals Board.
Mdm Lai appealed to the Public Service Commission.
Mdm Lai filed Originating Summons No 96 of 2000.
Mdm Lai commenced Suit No 995 of 2004.
The Attorney-General served a statutory demand on Mdm Lai.
Mdm Lai filed her amended Statement of Claim in S 995/2004.
Mdm Lai filed Summons No 3473 of 2007.
Mdm Lai filed Civil Appeal No 134 of 2007.
Mdm Lai filed Summons No 2767 of 2008 to reinstate the action brought in S 995/2004.
Mdm Lai applied for summary judgment in S 995/2004 (Summons No 5365 of 2008).
Trial began for S 995/2004.
Mdm Lai filed Summons No 5332 of 2011.
Mdm Lai filed Civil Appeal No 31 of 2012.
Mdm Lai filed Originating Summons No 1246 of 2013.
The Attorney-General filed OS 1014/2014.
Mdm Lai filed Summons No 5748 of 2014.
SUM 5748/2014 heard.
SUM 5748/2014 heard.
Judgment reserved.

7. Legal Issues

  1. Abuse of Process
    • Outcome: The court found that Mdm Lai's conduct constituted an abuse of process due to her repeated attempts to relitigate settled matters.
    • Category: Substantive
    • Sub-Issues:
      • Relitigation of res judicata matters
      • Disregard of court rules and directions
      • Scandalous allegations against judiciary
  2. Vexatious Litigation
    • Outcome: The court determined that Mdm Lai was a vexatious litigant under s 74(1) of the SCJA.
    • Category: Substantive
    • Sub-Issues:
      • Habitual and persistent institution of legal proceedings without reasonable ground
  3. Res Judicata
    • Outcome: The court held that Mdm Lai was attempting to relitigate issues that were res judicata.
    • Category: Substantive
    • Sub-Issues:
      • Attempt to relitigate issues already decided by the court

8. Remedies Sought

  1. Damages
  2. Declarations that termination was illegal
  3. Reinstatement as Senior Officer Grade III
  4. Quashing orders against decisions of Commissioner for Lands, Senior Personnel Board F, and PSC

9. Cause of Actions

  • Wrongful Termination of Employment
  • Judicial Review

10. Practice Areas

  • Civil Litigation
  • Judicial Review

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Linda Lai Swee Lin v Public Service CommissionHigh CourtYes[2000] SGHC 162SingaporeCited for the initial High Court decision regarding Mdm Lai's application for leave to bring judicial review proceedings.
Public Service Commission v Lai Swee Lin LindaCourt of AppealYes[2001] 1 SLR(R) 133SingaporeCited for the Court of Appeal's decision that the matters Mdm Lai complained of involved private rights arising from the contract of employment and were not susceptible to judicial review.
Lai Swee Lin Linda v Attorney-GeneralCourt of AppealYes[2006] 2 SLR(R) 565SingaporeCited for the Court of Appeal's observation that Mdm Lai was attempting to re-litigate issues that were res judicata and that this was an abuse of the process of the court.
Lai Swee Lin Linda v Attorney-GeneralHigh CourtYes[2008] 2 SLR(R) 794SingaporeCited for the High Court's decision dismissing Mdm Lai's appeal against AR Kenneth Yap's decision that S 995/2004 was deemed discontinued.
Lai Swee Lin Linda v Attorney-GeneralHigh CourtYes[2009] SGHC 38SingaporeCited for the High Court's decision allowing the reinstatement of S 995/2004.
Lai Swee Lin Linda v Attorney-GeneralHigh CourtYes[2010] SGHC 345SingaporeCited for the High Court's decision dismissing S 995/2004 on the ground that Mdm Lai's termination had been in accordance with the terms of her employment contract.
Lai Swee Lin Linda v Attorney-GeneralHigh CourtYes[2012] SGHC 47SingaporeCited for the High Court's decision dismissing Mdm Lai's application for an order that the CA reopen and rehear its earlier decisions.
Attorney-General v Tee Kok BoonHigh CourtYes[2008] 2 SLR(R) 412SingaporeCited for the definitions of 'habitually' and 'persistently' in the context of vexatious litigants.
Attorney-General v Mah Kiat SengHigh CourtYes[2013] 4 SLR 788SingaporeCited for the definitions of 'habitually' and 'persistently' in the context of vexatious litigants.
Lai Swee Lin Linda v Attorney-GeneralHigh CourtYes[2005] SGHC 182SingaporeCited for the High Court's decision affirming AR Low's decision to dismiss Mdm Lai's application to set aside/stay the statutory demand served on her by the Attorney-General.
Lee Tat Development Pte Ltd v MCST Strata Title Plan No 301Court of AppealYes[2009] 1 SLR(R) 875SingaporeCited for the principle of res judicata and the requirement for parties to bring forward their whole case.

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R 5, 2006 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore
State Courts Act (Cap 321, 2007 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Vexatious litigant
  • Abuse of process
  • Res judicata
  • Probationary period
  • Termination of employment
  • Judicial review
  • Senior Personnel Board F
  • Public Service Commission
  • Originating summons
  • Unless Order

15.2 Keywords

  • Vexatious litigant
  • Abuse of process
  • Res judicata
  • Employment termination
  • Judicial review
  • Section 74 SCJA

17. Areas of Law

Area NameRelevance Score
Res Judicata95
Abuse of Process90
Civil Practice80
Administrative Law70
Breach of Contract65
Civil Litigation60
Appeal50

16. Subjects

  • Civil Litigation
  • Vexatious Litigants
  • Abuse of Process
  • Employment Law