Champion Management Pte Ltd v Kee Onn Engineering Pte Ltd: Dispute over Renovation Contract and Rejoinder Application

In a dispute over a renovation contract, Champion Management Pte Ltd sued Kee Onn Engineering Pte Ltd. Kee Onn sought leave to file a rejoinder to Champion's reply, which was dismissed by the assistant registrar. Foo Chee Hock JC dismissed Kee Onn's appeal, finding the proposed rejoinder largely repetitive and containing evidence that should not be pleaded. The court emphasized the need for efficiency and lucidity in pleadings.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed with costs to be paid by Kee Onn to Champion.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over renovation contract where Kee Onn Engineering sought leave to file a rejoinder, which was dismissed. The court found the rejoinder unnecessary.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Champion Management Pte LtdPlaintiff, RespondentCorporationAppeal AllowedWon
Kee Onn Engineering Pte LtdDefendant, AppellantCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Foo Chee HockJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Ang Ann LiangAllen & Gledhill LLP
Ong Chin KiatAllen & Gledhill LLP
Carolyn Tan Beng HuiTan & Au LLP
Au Thye ChuenTan & Au LLP

4. Facts

  1. Champion sued Kee Onn for a dispute involving a contract for renovation works.
  2. Champion claimed that the variation orders submitted by Kee Onn had not been agreed to.
  3. Kee Onn argued that the variation orders had been agreed to and the works completed.
  4. Champion pleaded two emails to show that the variation orders had not been approved.
  5. Kee Onn sought leave to file a rejoinder to respond to the Reply.
  6. The assistant registrar dismissed Kee Onn's application.
  7. The Proposed Rejoinder contained paragraphs that were already in the Defence or contravened the rule that evidence should not be pleaded.

5. Formal Citations

  1. Champion Management Pte Ltd v Kee Onn Engineering Pte Ltd, Suit No 1338 of 2016(Registrar’s Appeal No 116 of 2017), [2017] SGHC 116

6. Timeline

DateEvent
Defence dated
VO Proforma Invoices issued
Email from LAANK to the Plaintiffs
Email from the Defendants to the Plaintiffs
SOC (Amendment No 1) dated
Reply dated
Suit 1338 of 2016 filed
Hearing before AR
Hearing before Foo Chee Hock JC
NE
Judgment issued

7. Legal Issues

  1. Leave to file rejoinder
    • Outcome: The court dismissed the application for leave to file the rejoinder, finding it largely repetitive and containing evidence that should not be pleaded.
    • Category: Procedural
    • Sub-Issues:
      • Repetition of previously pleaded matters
      • Introduction of evidence in pleadings
    • Related Cases:
      • [2009] 3 SLR(R) 1131
      • [2011] SGHC 196
      • (1877) 35 LT 845

8. Remedies Sought

  1. Leave to file rejoinder

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Yeow Chern Lean v Neo Kok Eng and anotherCourt of AppealYes[2009] 3 SLR(R) 1131SingaporeCited for the principle that there must be finality in the pleading process and that matters raised in a rejoinder must be necessary responses to a reply.
Sharikat Logistics Pte Ltd v Ong Boon Chuan and othersHigh CourtYes[2011] SGHC 196SingaporeCited for the principle that pleadings must only contain facts and not the evidence by which those facts are to be proved.
Norris v BeazleyN/AYes(1877) 35 LT 845N/ACited for the proposition that leave to serve a rejoinder would only be granted if it was really required to raise matters which must be specifically pleaded and must not be a mere repetition of what had already been pleaded.

13. Applicable Rules

Rule Name
O 18 r 4 of the Rules of Court (Cap 322, R5, 2014 Rev Ed)
O 18 r 7(1) of the Rules of Court
O 18 r 14(2)(a) of the ROC

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R5, 2014 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Rejoinder
  • Variation Orders
  • Pleadings
  • Renovation Works
  • Implied Joinder of Issue

15.2 Keywords

  • rejoinder
  • pleadings
  • renovation contract
  • civil procedure
  • singapore

17. Areas of Law

Area NameRelevance Score
Civil Practice75
Law of Pleadings65
Contract Law60
Construction Law50
Renovation Contracts40

16. Subjects

  • Civil Procedure
  • Contract Law
  • Construction Law