Lim Poh Yeoh v TS Ong Construction: Stay of Proceedings for Non-Payment of Costs and Judgment Debt
In Lim Poh Yeoh (alias Aster Lim) v TS Ong Construction Pte Ltd, the High Court of Singapore addressed the defendant's application for a stay of Suit 92 pending the plaintiff's payment of outstanding costs and a judgment debt from prior proceedings. The court found that the plaintiff was abusing the court process by selectively complying with court orders and refusing to pay the judgment debt. The court dismissed the appeal and granted a stay of proceedings in Suit 92, providing the plaintiff one month to satisfy the outstanding amounts, failing which the stay would take effect.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal dismissed; proceedings in Suit 92 stayed unless outstanding costs and judgment debt are paid.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addressed whether to stay proceedings due to non-payment of costs and a judgment debt. The court granted a stay, finding abuse of process.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Poh Yeoh (alias Aster Lim) | Plaintiff, Respondent | Individual | Appeal dismissed; proceedings stayed unless outstanding costs and judgment debt are paid. | Lost | Joseph Ignatius, Chong Xin Yi |
| TS Ong Construction Pte Ltd | Defendant, Appellant | Corporation | Stay of proceedings granted | Won | Alvin Chang, Hannah Alysha |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Foo Chee Hock | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Joseph Ignatius | Ignatius J & Associates |
| Chong Xin Yi | Ignatius J & Associates |
| Alvin Chang | M & A Law Corporation |
| Hannah Alysha | M & A Law Corporation |
4. Facts
- Plaintiff employed Defendant to construct a pair of three-storey semi-detached dwelling houses.
- Disputes arose between the parties regarding the construction works.
- Plaintiff commenced Suit 92 claiming for liquidated damages for delay and unliquidated damages for defective works.
- Defendant filed a counterclaim for the unpaid sum of $248,195.40.
- Defendant registered an adjudication determination ordering Plaintiff to pay $138,660.16.
- Plaintiff did not fully satisfy the costs orders and the Judgment Debt in OS 381.
- Defendant filed SUM 6188 seeking a stay of Suit 92 pending payment of outstanding sums.
5. Formal Citations
- Lim Poh Yeoh (alias Aster Lim) v TS Ong Construction Pte Ltd, HC/Suit No 92 of 2015 (HC/Registrar’s Appeal No 94 of 2016), [2017] SGHC 11
6. Timeline
| Date | Event |
|---|---|
| Plaintiff employed Defendant to construct dwelling houses. | |
| Defendant registered an adjudication determination. | |
| Leave was granted to the Defendant to enforce the Adjudication Determination. | |
| Plaintiff commenced Suit 92. | |
| Defendant filed HC/Originating Summons (Bankruptcy) No 66 of 2015. | |
| Defendant filed HC/Summons No 6188 of 2015. | |
| Assistant Registrar granted the stay in SUM 6188. | |
| RA 94 heard before the court. | |
| Hearing on whether the court had the power to stay proceedings for the non-payment of costs and the Judgment Debt. | |
| Decision delivered to grant Plaintiff one month to satisfy outstanding costs orders and Judgment Debt. | |
| Judgment issued. |
7. Legal Issues
- Stay of Proceedings
- Outcome: The court held that it had the power to order a stay of proceedings for non-payment of costs and judgment debt, and exercised its discretion to grant the stay.
- Category: Procedural
- Sub-Issues:
- Non-payment of costs
- Non-payment of judgment debt
- Abuse of process
- Related Cases:
- [2003] 2 SLR(R) 353
- (1887) 35 Ch D 272
- [2013] 3 SLR 380
- [2007] NSWSC 1169
- [2015] NSWSC 232
- (1882) 9 QBD 89
8. Remedies Sought
- Monetary Damages
- Stay of Proceedings
9. Cause of Actions
- Breach of Contract
- Claim for liquidated damages
- Claim for unliquidated damages
10. Practice Areas
- Construction Litigation
- Civil Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Roberto Building Material Pte Ltd and others v Oversea-Chinese Banking Corp Ltd | Court of Appeal | Yes | [2003] 2 SLR(R) 353 | Singapore | Cited for the twin criteria of prejudice/justice in determining whether to stay an appeal for non-payment of costs. |
| In re Wickham, Marony v Taylor | Not specified | Yes | (1887) 35 Ch D 272 | United Kingdom | Cited for the principle that the court has jurisdiction to stay proceedings when a person is proceeding vexatiously in not paying costs. |
| W Y Steel Construction Pte Ltd v Osko Pte Ltd | Not specified | Yes | [2013] 3 SLR 380 | Singapore | Cited for the policy and purpose undergirding the Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) to ensure successful claimants are paid. |
| Tombleson v Dancorell Constructions Pty Limited | Supreme Court of New South Wales | Yes | [2007] NSWSC 1169 | Australia | Cited for the principle that parties should not be allowed to withhold payment of the adjudicated sum whilst seeking to effectively overturn the adjudication determination at the same time. |
| Nazero Group Pty Ltd v Top Quality Construction Pty Ltd | Supreme Court of New South Wales | Yes | [2015] NSWSC 232 | Australia | Cited for the principle that parties should not be allowed to withhold payment of the adjudicated sum whilst seeking to effectively overturn the adjudication determination at the same time. |
| Morton v Palmer | Not specified | Yes | (1882) 9 QBD 89 | United Kingdom | Cited to highlight the safeguard that the court should be careful not to stifle a genuine claim. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of proceedings
- Non-payment of costs
- Judgment debt
- Abuse of process
- Adjudication determination
- Building and Construction Industry Security of Payment Act
- SOPA
15.2 Keywords
- Stay of proceedings
- Non-payment of costs
- Judgment debt
- Construction dispute
- Singapore High Court
16. Subjects
- Civil Procedure
- Construction Law
- Arbitration Law
17. Areas of Law
- Civil Procedure
- Construction Law
- Building and Construction Industry Security of Payment Act