Lioncity Construction v JFC Builders: Extension of Time for Appeal to High Court
Lioncity Construction Company Pte Ltd (LC) appealed against the decision of a District Judge (DJ) who dismissed LC's application for an extension of time to file a notice of appeal to the High Court against a summary judgment in District Court Suit No 3371 of 2012 involving JFC Builders Pte Ltd (JFCB). The High Court dismissed the appeal, holding that an application for extension of time for filing a notice of appeal to the High Court after the expiry of the 14 days must be made before the High Court, not a District Judge.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court held that an application for extension of time for filing a notice of appeal to the High Court after the expiry of the 14 days must be made before the High Court.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| JFC Builders Pte Ltd | Respondent, Defendant | Corporation | Appeal Upheld | Won | |
| Lioncity Construction Company Pte Ltd | Appellant, Plaintiff | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Li Jiaxin | Michael Por Law Corporation |
| Thea Sonya Raman | Rajah & Tann Singapore LLP |
4. Facts
- Lioncity Construction Company Pte Ltd (LC) filed a claim against JFC Builders Pte Ltd (JFCB) for outstanding payments.
- JFCB filed a counterclaim alleging defective works and project delays caused by LC.
- LC succeeded in an application for summary judgment on the claim on 25 June 2013.
- JFCB applied for an extension of time to appeal against the order for summary judgment.
- The DJ granted leave to JFCB on 9 April 2014 to file its notice of appeal against the summary judgment out of time.
- LC's notice of appeal was rejected twice by the State Courts’ Registry due to mistakes.
- LC applied for an extension of time, which was dismissed by the DJ.
5. Formal Citations
- Lioncity Construction Company Pte Ltd v JFC Builders Pte Ltd, District Court Suit No 3371 of 2012 (Registrar's Appeal (State Courts) No 203 of 2014), [2015] SGHC 62
- Lioncity Construction Company Pte Ltd v JFC Builders Pte Ltd, , [2014] SGDC 351
6. Timeline
| Date | Event |
|---|---|
| District Court Suit No 3371 of 2012 filed | |
| Summary judgment granted to Lioncity Construction Company Pte Ltd | |
| JFCB applied for an extension of time to appeal against the order for summary judgment | |
| Summons No 16834 of 2013 fixed for hearing before a deputy registrar | |
| DJ granted leave to JFCB to file its notice of appeal against the summary judgment out of time | |
| JFCB filed the notice of appeal (Registrar’s Appeal No 72 of 2014) | |
| Summons No 9080 of 2014 heard by the DJ | |
| DJ dismissed the application in Lioncity Construction Company Pte Ltd v JFC Builders Pte Ltd [2014] SGDC 351 | |
| High Court dismissed the appeal |
7. Legal Issues
- Extension of Time for Appeal
- Outcome: The High Court held that an application for extension of time for filing a notice of appeal to the High Court after the expiry of the 14 days must be made before the High Court.
- Category: Procedural
8. Remedies Sought
- Outstanding payments
- Damages for defective works and project delays
9. Cause of Actions
- Claim for outstanding payments
- Counterclaim for defective works and project delays
10. Practice Areas
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Management Corporation Strata Title Plan No 2911 v Tham Keng Mun and others | High Court | Yes | [2011] 1 SLR 1263 | Singapore | Cited regarding the issue of whether a DJ in chambers could extend the time limited under Order 55C notwithstanding that such time had expired. |
| AD v AE | Court of Appeal | Yes | [2004] 2 SLR(R) 505 | Singapore | Cited to illustrate that the approach taken by the State Court’s Registry has been consistent throughout. |
| Banque Cantonale Vaudoise v RBG Resources plc and another | High Court | Yes | [2004] 4 SLR(R) 856 | Singapore | Cited regarding the doctrine of functus officio. |
| Burke v Rooney | Common Pleas Division | Yes | Burke v Rooney (1879) 4 CPD 226 | England and Wales | Cited as a general authority for the proposition that applications to extend time after the time for appeal has lapsed should be made before the relevant ‘judge in chambers’ and not a deputy or assistant registrar. |
| Tjo Kwe In v Chia Song Kwan | High Court | Yes | [2002] 2 SLR(R) 560 | Singapore | Cited regarding the approach in Tjo Kwe In’s case has been followed without any controversy in the context of O 55D. |
| Chen Chien Wen Edwin v Pearson Judith Rosemary | High Court | Yes | [1991] 1 SLR(R) 348 | Singapore | Cited regarding the relevant provision in O 57 r 17 on extension of time to file the notice of appeal to the Court of Appeal once the time specified has expired mirrors that in O 55D r 14. |
| Wee Soon Kim Anthony v UBS AG and others | Court of Appeal | Yes | [2005] SGCA 3 | Singapore | Cited regarding the relevant provision in O 57 r 17 on extension of time to file the notice of appeal to the Court of Appeal once the time specified has expired mirrors that in O 55D r 14. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| O 55C r 1(4) of the Rules of Court | Singapore |
| O 55B r 1(4) of the Rules of Court | Singapore |
| O 55D r 4(1) of the Rules of Court | Singapore |
| O 55D r 14 of the Rules of Court | Singapore |
| O 3 rr 4(1) and 4(2) of the Rules of Court | Singapore |
| O 1 r 4(2) of the Rules of Court | Singapore |
| O 57 r 17 of the Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Extension of time
- Notice of appeal
- Summary judgment
- District Judge
- High Court
- Rules of Court
- Functus officio
15.2 Keywords
- Extension of time
- Appeal
- High Court
- District Judge
- Civil Procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Extension of Time | 80 |
| Civil Practice | 75 |
| Civil Procedure | 75 |
| Appellate Practice | 60 |
| Jurisdiction | 50 |
16. Subjects
- Civil Procedure
- Appeals
- Courts