Ding Horng Industrial Pte Ltd v Sulzer Singapore Pte Ltd: Corporate Self-Representation and Compliance with Court Orders

In Ding Horng Industrial Pte Ltd v Sulzer Singapore Pte Ltd, the High Court of Singapore, on 4 July 2019, denied the plaintiff's application for leave to appeal. The court, presided over by Choo Han Teck J, found that the plaintiff had repeatedly failed to comply with court orders regarding legal representation, a requirement under O 5 r 6(2) of the Rules of Court. The plaintiff's claim against the defendant for $1,756,370.59 was previously struck out due to this non-compliance. The court determined that the plaintiff's procedural missteps were self-inflicted and did not warrant further consideration, thus denying their application for leave to appeal.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Leave to appeal is denied.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The High Court denied Ding Horng Industrial's application for leave to appeal, due to their failure to comply with court orders regarding legal representation.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ding Horng Industrial Pte LtdPlaintiff, AppellantCorporationLeave to appeal is deniedLost
Sulzer Singapore Pte LtdDefendant, RespondentCorporationApplication deniedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Amos Cai EnhuaiYuen Law LLC
Ernest Wong ChangyanYuen Law LLC
Anparasan s/o KamachiWhiteFern LLC
Sumyutha SivamaniWhiteFern LLC

4. Facts

  1. The plaintiff claimed $1,756,370.59 was outstanding from a building contract with the defendant.
  2. The plaintiff commenced an action in Suit No 1195 of 2016 against the defendant for payment.
  3. The trial was vacated twice because the plaintiff discharged its solicitors.
  4. Madam Liu, the plaintiff's director, attempted to represent the plaintiff without being an advocate and solicitor.
  5. AR Ramu struck out the plaintiff's claim on 19 September 2018 due to the plaintiff's failure to engage counsel.
  6. AR Lee dismissed Originating Summons No 182 of 2019 because the plaintiff was not represented by counsel.
  7. The plaintiff filed Summons No 2047 of 2019 for leave to appeal to the Court of Appeal.

5. Formal Citations

  1. Ding Horng Industrial Pte Ltd v Sulzer Singapore Pte Ltd, HC/Originating Summons No 182 of 2019, [2019] SGHC 160

6. Timeline

DateEvent
Work completed under building contract
Action commenced in Suit No 1195 of 2016
Plaintiff's claim struck out by AR Ramu
Originating Summons No 182 of 2019 filed
Plaintiff's appeal dismissed
Mr Amos Cai and Mr Ernest Wong appeared on the plaintiff’s behalf
Leave to appeal is denied
Hearing on the question of costs

7. Legal Issues

  1. Corporate Self-Representation
    • Outcome: The court held that the plaintiff must comply with O 5 r 6(2) of the Rules of Court and be represented by counsel.
    • Category: Procedural
    • Sub-Issues:
      • Compliance with O 5 r 6(2) of the Rules of Court
  2. Extension of Time to File Appeal
    • Outcome: The court dismissed the plaintiff's application for an extension of time to file an appeal.
    • Category: Procedural

8. Remedies Sought

  1. Payment of outstanding sum
  2. Leave to appeal

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Appeals
  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
O 5 r 6(2) of the Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Corporate self-representation
  • Rules of Court
  • Legal representation
  • Extension of time
  • Leave to appeal
  • Procedural irregularities
  • Compliance with court orders

15.2 Keywords

  • Civil Procedure
  • Appeals
  • Corporate Self-Representation
  • Singapore High Court
  • Legal Representation

17. Areas of Law

Area NameRelevance Score
Civil Practice75
Appellate Practice60
Corporate self-representation50
Company Law40

16. Subjects

  • Civil Procedure
  • Appeals
  • Corporate Law