Lim Seng Choon David v Global Maritime: Striking Out Claim Based on Oral Agreement

In Lim Seng Choon David v Global Maritime Holdings Ltd and Global Maritime Consultancy Pte Ltd, the High Court of Singapore heard an appeal by the plaintiff, Lim Seng Choon David, against the decision to strike out his claim for breach of an oral agreement. The court, presided over by Choo Han Teck J, allowed the appeal, finding that neither issue estoppel nor abuse of process applied, as the claim was based on an oral agreement that was not previously pleaded. The court also found that the plaintiff's claim was not factually unsustainable.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against striking out claim for breach of oral agreement. The court allowed the appeal, finding neither issue estoppel nor abuse of process.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lim Seng Choon DavidPlaintiff, AppellantIndividualAppeal AllowedWon
Global Maritime Holdings LtdDefendant, RespondentCorporationAppeal DismissedLost
Global Maritime Consultancy Pte LtdDefendant, RespondentCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Twang Kern ZernCentral Chambers Law Corporation
Jamie TanCentral Chambers Law Corporation
Audrey ChiangDentons Rodyk & Davidson LLP
Nerissa TanDentons Rodyk & Davidson LLP

4. Facts

  1. The plaintiff was employed by the first defendant from 10 May 2004 to 24 November 2014.
  2. The plaintiff's claim arises from the breach of an oral agreement made on 24 November 2014.
  3. The plaintiff claims he accepted early retirement due to the oral agreement.
  4. The defendants argued the matters were res judicata in light of a previous suit.
  5. The assistant registrar struck out the previous suit due to a defect in pleadings.
  6. The oral agreement was not expressly pleaded in the previous suit.
  7. The plaintiff did not appeal the decision to strike out the previous suit.

5. Formal Citations

  1. Lim Seng Choon David v Global Maritime Holdings Ltd and another, Suit No 1236 of 2015 (Registrar’s Appeal No 221 of 2016), [2016] SGHC 163

6. Timeline

DateEvent
Employment contract signed
Plaintiff employed by the first defendant
Oral agreement allegedly made
Plaintiff voluntarily terminated employment
Suit No 239 of 2015 filed
Judgment reserved
Judgment issued

7. Legal Issues

  1. Issue Estoppel
    • Outcome: The court held that issue estoppel did not apply to the present suit.
    • Category: Procedural
    • Related Cases:
      • [2005] SLR(R) 157
      • [2007] 1 SLR(R) 453
  2. Abuse of Process
    • Outcome: The court declined to find an abuse of process.
    • Category: Procedural
    • Related Cases:
      • [2015] 5 SLR 1104
      • [2000] 1 SLR(R) 53
      • [2003] 3 SLR(R) 644
  3. Breach of Oral Agreement
    • Outcome: The court found that it was possible for the plaintiff to succeed in showing that there was an oral agreement formed between the plaintiff and the defendants on 24 November 2014.
    • Category: Substantive

8. Remedies Sought

  1. Damages

9. Cause of Actions

  • Breach of Oral Agreement

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Maritime

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lee Tat Development Pte Ltd v MCST Plan No 301UnknownYes[2005] SLR(R) 157SingaporeCited for the requirements for establishing an issue estoppel.
Goh Nellie v Goh Lian TeckUnknownYes[2007] 1 SLR(R) 453SingaporeCited for the requirement of identity of subject matter in issue estoppel.
The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd (nTan Corporate Advisory Pte Ltd and others, other parties) and another appealUnknownYes[2015] 5 SLR 1104SingaporeCited for the basis for the defence of abuse of process.
Ching Mun Fong (executrix of the estate of Tan Geok Tee, deceased) v Liu Cho Chit and another appealUnknownYes[2000] 1 SLR(R) 53SingaporeCited for the basis for the defence of abuse of process.
Kwa Ban Cheong v Kuah Boon Sek and othersUnknownYes[2003] 3 SLR(R) 644SingaporeCited for the caution required when striking out proceedings on the ground of abuse of process.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Oral agreement
  • Striking out
  • Issue estoppel
  • Abuse of process
  • Res judicata
  • Early retirement

15.2 Keywords

  • Oral agreement
  • Striking out
  • Issue estoppel
  • Abuse of process
  • Singapore High Court
  • Employment Law

17. Areas of Law

Area NameRelevance Score
Striking out90
Civil Practice75
Abuse of Process65
Res Judicata60
Contract Law40
Breach of Contract30
Employment Law25

16. Subjects

  • Civil Procedure
  • Contract Law
  • Employment Law