Ho Seow Wan v Ho Poey Wee: Contempt of Court for Breaching Court Order

In Ho Seow Wan v Ho Poey Wee and others, the High Court of Singapore heard an application by Ho Seow Wan for committal of Ho Poey Wee and Ho Seow Ban for contempt of court, alleging a breach of a court order. The court found the defendants guilty of contempt for deliberately disobeying the order and fined Ho Poey Wee $25,000 and Ho Seow Ban $20,000. The defendants were also ordered to pay 90 percent of the plaintiff’s costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Defendants found guilty of contempt of court and fined.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Ho Seow Wan sought committal for contempt against Ho Poey Wee and Ho Seow Ban for breaching a court order. The court found the defendants guilty and fined them.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ho Seow WanPlaintiffIndividualSuccessful in committal applicationWon
HO POEY WEEDefendantIndividualContempt of courtLost
HO SEOW BANDefendantIndividualContempt of courtLost
GUAN HO CONSTRUCTION CO (PTE) LTDDefendantCorporationNeutralNeutral

3. Judges

Judge NameTitleDelivered Judgment
Chan Seng OnnJudgeYes

4. Counsels

Counsel NameOrganization
Lynette ChewMorgan Lewis Stamford LLC
Grace LuMorgan Lewis Stamford LLC
Leonard ChewMorgan Lewis Stamford LLC
Gadriel TanMorgan Lewis Stamford LLC
Anna OeiTan Oei & Oei LLC
Twang Mei ShanTan Oei & Oei LLC
Ravi ChelliahChelliah & Kiang
Alison JayaramChelliah & Kiang

4. Facts

  1. Plaintiff applied for committal of the first and second defendants for contempt of court.
  2. The plaintiff and the first two defendants were the only shareholders and directors of the third defendant.
  3. The third defendant, Guan Ho Construction Co (Pte) Ltd, is engaged in the business of building and construction.
  4. The plaintiff alleged a deliberate breach of a court order dated 1 August 2012.
  5. The court found the defendants had deliberately disobeyed the 1 August 2012 Order.
  6. The defendants appealed against the finding of contempt.
  7. The defendants also appealed against the orders regarding fines and costs.

5. Formal Citations

  1. Ho Seow Wan v Ho Poey Wee and others, Suit No 195 of 2012 (Summonses Nos 413 and 5518 of 2013), [2015] SGHC 304

6. Timeline

DateEvent
Court order issued
Instructions given in email
Memorandum issued
Instructions given in email
Notice issued
Plaintiff directed to file list of selected breaches
Plaintiff directed to go on garden leave
Court order discharged
Judgment finding defendants guilty of contempt of court
Orders made regarding fines and costs
Decision date

7. Legal Issues

  1. Contempt of Court
    • Outcome: The court found the defendants guilty of contempt of court.
    • Category: Substantive
    • Sub-Issues:
      • Deliberate breach of court order
      • Disobedience of court order

8. Remedies Sought

  1. Order of committal
  2. Fines
  3. Costs

9. Cause of Actions

  • Contempt of Court

10. Practice Areas

  • Civil Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Sembcorp Marine Ltd v Aurol Anthony SabastianHigh CourtYes[2013] 1 SLR 245SingaporeCited for factors relevant in sentencing discretion for contempt of court.
Lee Shieh-Peen Clement v Ho Chin Nguang and othersHigh CourtYes[2010] 4 SLR 801SingaporeCited for the principle that committal to prison is normally a measure of last resort.
Ho Seow Wan v Ho Poey Wee and othersHigh CourtYes[2015] SGHC 235SingaporeWritten judgment finding the defendants guilty of contempt of court.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Contempt of court
  • Breach of court order
  • Committal
  • Deterrent fine
  • Garden leave

15.2 Keywords

  • Contempt of court
  • Court order
  • Committal
  • Fines
  • Singapore
  • High Court
  • Construction

17. Areas of Law

Area NameRelevance Score
Contempt of Court90
Costs70
Civil Procedure60
Company Law50

16. Subjects

  • Contempt of Court
  • Civil Procedure