Thu Aung Zaw v Ku Swee Boon: Amendment of Summary Judgment & Legal Capacity of Sole Proprietorship
In the High Court of Singapore, Thu Aung Zaw appealed against the decision to allow Ku Swee Boon (trading as Norb Creative Studio) to amend a summary judgment. The initial judgment was obtained by Norb Creative Studio, a sole proprietorship, against Thu Aung Zaw. Thu Aung Zaw also sought to set aside the summary judgment and stay bankruptcy proceedings initiated by Norb. Justice Tan Siong Thye dismissed both the appeal and the originating summons, finding the amendment permissible and the challenge to the summary judgment without merit. The court dismissed RAS 23 and OS 325 with costs.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
RAS 23 and OS 325 dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addressed the amendment of a summary judgment involving a sole proprietorship and legal capacity to bring a claim. The court dismissed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Thu Aung Zaw | Applicant, Appellant | Individual | Appeal Dismissed, Originating Summons Dismissed | Lost, Lost | Ong Ying Ping, Chew Zijie |
| Ku Swee Boon (trading as Norb Creative Studio) | Respondent | Individual | Amendment Application Allowed | Won | Tan Wen Cheng Adrian, Janus Low |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ong Ying Ping | Ong Ying Ping Esq |
| Chew Zijie | Ong Ying Ping Esq |
| Tan Wen Cheng Adrian | August Law Corporation |
| Janus Low | August Law Corporation |
4. Facts
- Thu was a partner of Adlogic Asia LLP.
- Adlogic contracted with Norb Creative Studio to print discount dining vouchers for $80,000.
- Thu furnished a personal guarantee for Adlogic's debt.
- Norb obtained summary judgment against Thu in DC 3647.
- Norb took out bankruptcy proceedings against Thu in HC/B 2527/2016.
- Thu sought to stay the bankruptcy application by setting aside the summary judgment.
- Ku applied to amend the name of the plaintiff in the summary judgment from Norb to "Ku Swee Boon (trading as Norb Creative Studio)".
5. Formal Citations
- Thu Aung Zaw v Ku Swee Boon (trading as Norb Creative Studio), , [2017] SGHC 265
6. Timeline
| Date | Event |
|---|---|
| Adlogic approached Ku to print discount dining vouchers. | |
| Statutory demand served on Thu. | |
| Norb filed for bankruptcy against Thu. | |
| Writ of summons in DC 3647 filed. | |
| Summary judgment entered against Thu. | |
| Norb took out bankruptcy proceedings against Thu in HC/B 2527/2016. | |
| Thu took out OS 325. | |
| Affidavit of Thu Aung Zaw filed. | |
| Affidavit of Ku Swee Boon filed. | |
| Affidavit of Ku Swee Boon filed. | |
| Affidavit of Thu Aung Zaw filed. | |
| Hearing commenced. | |
| Judgment issued. |
7. Legal Issues
- Amendment of Summary Judgment
- Outcome: The court allowed the amendment of the summary judgment, finding that the mistake was genuine and did not prejudice the other party.
- Category: Procedural
- Sub-Issues:
- Genuine mistake
- Prejudice to the other party
- Legal Capacity of Sole Proprietorship
- Outcome: The court held that the sole proprietorship's lack of legal capacity was a curable defect and allowed the amendment.
- Category: Substantive
- Sub-Issues:
- Commencement of action in the name of the firm
- Amendment after judgment
- Functus Officio
- Outcome: The court held that it was not functus officio and had the jurisdiction to make non-substantive amendments even after the judgment had been delivered.
- Category: Procedural
- Sub-Issues:
- Non-substantive amendments
- Inherent jurisdiction of the court
8. Remedies Sought
- Setting aside summary judgment
- Declaration that summary judgment is void
- Leave to appeal against summary judgment
- Stay of bankruptcy application
9. Cause of Actions
- Breach of Guarantee
10. Practice Areas
- Civil Litigation
- Insolvency Law
11. Industries
- Advertising
- Printing
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ku Swee Boon (trading as Norb Creative Studio) v Thu Aung Zaw | District Court | Yes | [2017] SGDC 241 | Singapore | Affirmed the deputy registrar’s decision in Ku's Amendment Application. |
| Godfrey Gerald QC v UBS AG and others | Court of Appeal | Yes | [2004] 4 SLR(R) 411 | Singapore | Cited for the explanation of functus officio and the court's residual inherent jurisdiction. |
| Oversea-Chinese Banking Corp Ltd v Measurex Corp Bhd | High Court | Yes | [2002] 2 SLR(R) 684 | Singapore | Cited for the principle that the court can make non-substantive amendments even to summary judgments. |
| Philip Securities (Pte) v Yong Tet Miaw | High Court | Yes | [1988] 1 SLR(R) 566 | Singapore | Cited for the amendment of a default judgment to correct the sum ordered. |
| Sunny Daisy Ltd v WBG Network (Singapore) Pte Ltd | High Court | Yes | [2008] 4 SLR(R) 769 | Singapore | Cited for the principle that an amendment is allowed to correct an error rather than to substitute one party for another. |
| Mohamed Mustafa v Syed Ahmad | Unknown | Yes | [1972] 2 MLJ 241 | Malaysia | Cited for the principle that an action commenced in the name of a sole proprietorship can be amended to the name of the sole proprietor. |
| Noble Lowndes and Partners (a Firm) v Hadfields Ltd | Chancery Division | Yes | [1939] Ch 569 | England and Wales | Cited for the principle that it is no bar to an amendment application that the original plaintiff was not vested with the legal cause of action. |
| Hughes v Pump House Hotel Company, Ltd (No 2) | Court of Appeal | Yes | [1902] 2 KB 485 | England and Wales | Cited for the principle that an irregularity is curable by amendment even if the party originally named as plaintiff could not hold the legal cause of action. |
| Lim Yong Swan v Lim Jee Tee and another | Court of Appeal | Yes | [1992] 3 SLR(R) 940 | Singapore | Cited for the requirements to be satisfied in order for an amendment to correct the name of a party to be allowed. |
| Thu Aung Zaw v Norb Creative Studio | High Court | Yes | [2014] SGHC 67 | Singapore | Cited as part of the background of the case. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Order 77 Rule 9 of the Rules of Court | Singapore |
| Order 20 Rule 5(3) of the Rules of Court | Singapore |
| Order 20 Rule 5(1) of the Rules of Court | Singapore |
| Order 20 Rule 11 of the Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Summary judgment
- Amendment application
- Sole proprietorship
- Legal capacity
- Functus officio
- Personal guarantee
- Bankruptcy proceedings
- Rules of Court
- Genuine mistake
- Prejudice
15.2 Keywords
- Amendment
- Summary Judgment
- Sole Proprietorship
- Legal Capacity
- Singapore
- Civil Procedure
16. Subjects
- Civil Procedure
- Contract Law
- Bankruptcy
17. Areas of Law
- Civil Procedure
- Amendment of Pleadings
- Summary Judgment
- Bankruptcy Law