UTOC Engineering Pte Ltd v ASK Singapore Pte Ltd: Application for Stay of Assessment of Damages
In UTOC Engineering Pte Ltd v ASK Singapore Pte Ltd, the High Court of Singapore heard the defendant's application for leave to appeal against the judge's decision to refuse a stay of assessment of damages pending appeal to the Court of Appeal. The court dismissed the application and ordered the defendant to pay costs to the plaintiff, finding the application unnecessary given the defendant's right to apply directly to the Court of Appeal for a stay.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Application dismissed; defendant to pay costs to the plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed ASK Singapore's application for leave to appeal the refusal of a stay of assessment of damages, ordering them to pay costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| UTOC Engineering Pte Ltd | Plaintiff | Corporation | Costs awarded to plaintiff | Won | Eusuff Ali s/o N B M Mohamed Kassim |
| ASK Singapore Pte Ltd | Defendant | Corporation | Application dismissed | Lost | Lee Hwee Khiam Anthony, Cheng Geok Lin Angelyn |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eusuff Ali s/o N B M Mohamed Kassim | Tan Rajah & Cheah |
| Lee Hwee Khiam Anthony | Bih Li & Lee LLP |
| Cheng Geok Lin Angelyn | Bih Li & Lee LLP |
4. Facts
- The defendant applied for a stay of assessment of damages pending appeal.
- The judge dismissed the defendant's application for a stay.
- The defendant filed a summons for leave to appeal against the judge's decision.
- The plaintiff objected to the defendant's application for leave to appeal.
- The Court of Appeal has concurrent jurisdiction to order a stay.
- The defendant withdrew the leave application.
- The plaintiff asked for costs.
5. Formal Citations
- UTOC Engineering Pte Ltd v ASK Singapore Pte Ltd, Suit No 449 of 2013(Summons No 3755 of 2016), [2016] SGHC 162
6. Timeline
| Date | Event |
|---|---|
| Application for a stay of assessment of damages dismissed | |
| Summons filed for leave to appeal against decision of 22 July 2016 | |
| Plaintiff's counsel stated it was incorrect to apply for leave to appeal | |
| Defendant's counsel registered disagreement | |
| Hearing on application for leave to appeal | |
| Judgment issued |
7. Legal Issues
- Stay of Assessment of Damages
- Outcome: The court dismissed the defendant's application for leave to appeal the refusal of a stay of assessment of damages.
- Category: Procedural
- Related Cases:
- (1883) 24 Ch D 305
- [2014] 3 SLR 357
- [2015] 5 SLR 1032
- [2013] 3 SLR 354
- Leave to Appeal
- Outcome: The court found that the defendant's application for leave to appeal was not precluded by the availability of a direct application to the Court of Appeal.
- Category: Procedural
- Related Cases:
- [2013] 3 SLR 354
8. Remedies Sought
- Stay of assessment of damages
- Leave to appeal
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Cropper v Smith | English Court of Appeal | Yes | (1883) 24 Ch D 305 | England | Cited for the principle that the Court of Appeal has an independent jurisdiction to order a stay. |
| Au Wai Pang v Attorney-General and another matter | Court of Appeal | Yes | [2014] 3 SLR 357 | Singapore | Considered Cropper and opined that jurisdiction was conferred by s 19 of the UK Supreme Court of Judicature Act 1873. |
| Naseer Ahmad Akhtar v Suresh Agarwal and another | High Court | Yes | [2015] 5 SLR 1032 | Singapore | Affirmed the position in Au Wai Pang. |
| Dorsey James Michael v World Sport Group Pte Ltd | Court of Appeal | Yes | [2013] 3 SLR 354 | Singapore | Cited for the principle that any judgment or order of the High Court is ordinarily appealable as of right, subject to any contrary provisions. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| O 57 rr 15(1) and 16(4) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act | Singapore |
| s 34(2) of the Supreme Court of Judicature Act | Singapore |
| s 29A(1) of the Supreme Court of Judicature Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of assessment of damages
- Leave to appeal
- Concurrent jurisdiction
- Preliminary objection
- Costs
15.2 Keywords
- Stay of assessment
- Leave to appeal
- Civil procedure
- Singapore High Court
16. Subjects
- Civil Procedure
- Appeals
- Costs
17. Areas of Law
- Civil Procedure
- Costs
- Stay of Proceedings