Chua Peng Ho v Saravanan: Discontinuance of Suit Under Order 21 Rule 2(6) of the Rules of Court

In Chua Peng Ho v Saravanan a/l Subramaniam, the Singapore Court of Appeal addressed whether the extraction of an interlocutory judgment constitutes a 'step or proceeding' under Order 21 Rule 2(6) of the Rules of Court. The court dismissed the appeal, holding that such extraction does qualify as a step or proceeding, and therefore the suit was not deemed discontinued.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal dismissed with costs

1.3 Case Type

Civil

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The Court of Appeal held that extracting an interlocutory judgment is a 'step or proceeding' under Order 21 Rule 2(6), dismissing the appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chua Peng HoAppellantIndividualAppeal DismissedLost
Saravanan A/L Subramaniam as dependent of the estate of Lingaswari A/P Koushanan (Deceased)RespondentIndividualAppeal DismissedWon
Fazli Azunaidy Bin KamaruddinRespondentIndividualAppeal DismissedNeutral
Saravanan A/L SubramaniamRespondentIndividualAppeal DismissedNeutral
Tham Wai KhuanRespondentIndividualAppeal DismissedNeutral

3. Judges

Judge NameTitleDelivered Judgment
Andrew Phang Boon LeongJudge of AppealYes
Tay Yong KwangJudge of AppealNo

4. Counsels

Counsel NameOrganization
Anthony WeeUnited Legal Alliance LLC
Lydia Lee Tih YeaUnited Legal Alliance LLC
Mahendra Prasad RaiCooma & Rai
Dean SallehCooma & Rai
Josh Singh GillPritam Singh Gill & Co.
Leonard Chew Wei ChongMorgan Lewis Stamford LLC
Chong Pik WahWong Thomas & Leong
Priya Dharshini PillayNiru & Co LLC

4. Facts

  1. A road traffic accident led to the commencement of District Court Suit No 1738 of 2013.
  2. Interlocutory judgment was entered on 4 February 2015.
  3. The interlocutory judgment was extracted on 28 August 2015.
  4. A summons was filed on 28 March 2016 raising the issue of discontinuance under O 21 r 2(6).
  5. The Deputy Registrar held that the suit was deemed discontinued on 4 February 2016.
  6. The District Judge reversed the Deputy Registrar's decision.
  7. The High Court dismissed the appeal, agreeing with the District Judge.

5. Formal Citations

  1. Chua Peng Ho v Saravanan a/l Subramaniam, Civil Appeal No 144 of 2016, [2017] SGCA 35

6. Timeline

DateEvent
District Court Suit No 1738 of 2013 commenced
Interlocutory judgment entered by consent
Interlocutory judgment extracted
Summons filed raising preliminary issue of discontinuance
Deputy Registrar held suit was deemed discontinued
Appeal dismissed with costs

7. Legal Issues

  1. Discontinuance of Suit
    • Outcome: The court held that the extraction of the interlocutory judgment amounted to a 'step or proceeding' for the purposes of O 21 r 2(6), and therefore the suit was not deemed discontinued.
    • Category: Procedural

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
The “Melati”Court of AppealYes[2004] 4 SLR(R) 7SingaporeCited for the proposition that a 'step or proceeding' has to be one that moves the action forward towards resolution, but the court clarified that it was not laying down a general normative proposition.
Moguntia-Est Epices SA v Sea-Hawk Freight Pte LtdN/AYes[2003] 4 SLR(R) 429SingaporeCited for the views of Judith Prakash J (as she then was) regarding what O 21 r 2(6) proscribes.
Saravanan a/l Subramaniam as dependent of the Estate of Lingaswari a/p Koushanan (Deceased) and also for the benefit of the other dependents of the Estate of Lingaswari a/p Koushanan (Deceased) v Chua Peng Ho and anotherDistrict CourtYes[2016] SGDC 195SingaporeThe High Court Judge and the Court of Appeal were in entire agreement with the District Court Judgment.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R5, 2014 Rev Ed) O 21 r 2(6)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Discontinuance
  • Interlocutory Judgment
  • Step or Proceeding
  • Order 21 Rule 2(6)
  • Rules of Court

15.2 Keywords

  • Discontinuance
  • Civil Procedure
  • Singapore
  • Rules of Court
  • Interlocutory Judgment

17. Areas of Law

Area NameRelevance Score
Road Traffic Accident Law85
Automobile Accidents80
Civil Practice75
Civil Procedure70
Judgments and Orders60

16. Subjects

  • Civil Procedure
  • Litigation