Aathar Ah Kong Andrew v OUE Lippo Healthcare Ltd: Striking Out Notice of Appeal & Discharge of Counsel
In Aathar Ah Kong Andrew v OUE Lippo Healthcare Ltd, the Court of Appeal of Singapore addressed applications arising from Mr. Aathar's appeal against a High Court decision. OUE Lippo Healthcare Ltd sought to strike out the notice of appeal, while Mr. Aathar's solicitors, Ang & Partners, applied to discharge themselves. The court deemed the appeal withdrawn due to the appellant's failure to file the Appellant's Case within the stipulated time. The court would have allowed the application to strike out the notice of appeal and allowed the application for discharge of counsel.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal deemed withdrawn; application to strike out the notice of appeal would have been allowed; application for discharge of counsel allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding bankruptcy proceedings. The court struck out the notice of appeal and allowed the discharge of the appellant's counsel.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Aathar Ah Kong Andrew | Appellant, Applicant | Individual | Appeal Deemed Withdrawn | Dismissed | Henry Li-Zheng Setiono, Daniel Tan An Ye |
| OUE Lippo Healthcare Ltd | Respondent | Corporation | Application to Strike Out Notice of Appeal Would Have Been Allowed | Won | Chow Chao Wu Jansen, Sasha Anselm Gonsalves |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Woo Bih Li | Judge of the Appellate Division | No |
| Quentin Loh | Judge of the Appellate Division | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chow Chao Wu Jansen | Rajah & Tann Singapore LLP |
| Sasha Anselm Gonsalves | Rajah & Tann Singapore LLP |
| Henry Li-Zheng Setiono | Ang & Partners |
| Daniel Tan An Ye | Ang & Partners |
4. Facts
- Mr. Aathar faced bankruptcy proceedings in February 2016.
- Mr. Aathar proposed three voluntary arrangements, all of which were objected to by creditors.
- Mr. Aathar was adjudged bankrupt on 13 November 2019.
- A&P filed the notice of appeal without a warrant to act from Mr. Aathar.
- Mr. Aathar did not obtain the Official Assignee’s consent to commence the appeal prior to filing the notice of appeal.
- A&P sent the Judgment to the wrong e-mail address.
- Mr. Aathar failed to file the Appellant’s Case by the extended deadline.
5. Formal Citations
- Aathar Ah Kong Andrew v OUE Lippo Healthcare Ltd, Civil Appeal No 157 of 2020, [2021] SGCA 48
6. Timeline
| Date | Event |
|---|---|
| Mr. Aathar ran into serious financial difficulties. | |
| Mr. Aathar faced bankruptcy proceedings. | |
| Mr. Aathar proposed the first voluntary arrangement. | |
| Mr. Aathar proposed the second voluntary arrangement. | |
| Mr. Aathar proposed the third voluntary arrangement. | |
| Mr. Aathar was adjudged bankrupt. | |
| Judge upheld Assistant Registrar's decision in RA 310. | |
| Ang & Partners filed the notice of appeal. | |
| OUE Lippo Healthcare Ltd filed CA/SUM 125/2020. | |
| SUM 125 was heard by Quentin Loh JAD. | |
| Ang & Partners applied in SUM 6 to discharge themselves. | |
| OUE Lippo Healthcare Ltd filed SUM 19 seeking to strike out the notice of appeal. | |
| Hearing for SUM 6 and SUM 19. |
7. Legal Issues
- Striking Out Notice of Appeal
- Outcome: The court found that the failure to obtain prior sanction from the Official Assignee and the lack of authority to file the appeal constituted appropriate bases for striking out the notice of appeal.
- Category: Procedural
- Sub-Issues:
- Failure to obtain Official Assignee's prior sanction
- Lack of authority to file appeal
- Related Cases:
- [2005] 2 SLR(R) 188
- [2003] 2 SLR(R) 491
- [2003] 2 MLJ 226
- [2005] 3 SLR(R) 184
- Discharge of Counsel
- Outcome: The court allowed Ang & Partners' application to discharge themselves from acting for Mr. Aathar.
- Category: Procedural
- Extension of Time for Striking-Out Application
- Outcome: The court found that there was sufficient material to justify allowing an extension of time for the filing of OUELH’s striking-out application.
- Category: Procedural
- Related Cases:
- [2005] 2 SLR(R) 561
8. Remedies Sought
- Striking out of Notice of Appeal
- Discharge of Counsel
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Appellate Litigation
- Civil Litigation
- Insolvency and Restructuring
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Aathar Ah Kong Andrew | High Court | Yes | [2020] SGHC 173 | Singapore | Cited for the full facts and procedural history of the matter. |
| Aathar Ah Kong Andrew v CIMB Securities (Singapore) Pte Ltd and other appeals and another matter | Court of Appeal | Yes | [2019] 2 SLR 164 | Singapore | Cited to show that Mr. Aathar's appeal in respect of the second VA was dismissed by this court. |
| BNP Paribas SA v Jacob Agam and another | Court of Appeal | Yes | [2019] 1 SLR 83 | Singapore | Cited for the principles governing the court’s power to grant an extension of time in the context of Order 57 Rule 9(4) of the Rules of Court. |
| Ong Cheng Aik v Dayco Products Singapore Pte Ltd (in liquidation) | Court of Appeal | Yes | [2005] 2 SLR(R) 561 | Singapore | Cited for the factors that are relevant to the inquiry of extension of time for the filing of striking-out applications. |
| Standard Chartered Bank v Loh Chong Yong Thomas | Court of Appeal | Yes | [2010] 2 SLR 569 | Singapore | Cited for the proposition that the term “previous sanction of the Official Assignee” in s 131(1)(a) of the BA refers to prior sanction, and that the OA’s sanction cannot be granted ex post facto. |
| Riduan bin Yusof v Khng Thian Huat and another | Unknown | Yes | [2005] 2 SLR(R) 188 | Singapore | Cited for the inherent jurisdiction to strike out a notice of appeal where the appeal is frivolous, vexatious or an abuse of process of the court. |
| Afro-Asia Shipping Co (Pte) Ltd v Haridass Ho & Partners and another | Unknown | Yes | [2003] 2 SLR(R) 491 | Singapore | Cited for the proposition that the words “frivolous or vexatious” denote “cases which are obviously unsustainable or wrong”. |
| Kementerian Pertahanan Malaysia & Anor v Malaysia International Shipping Corp Bhd and another suit | Unknown | Yes | [2003] 2 MLJ 226 | Malaysia | Cited for the principle that a solicitor’s failure to obtain proper authority can justify the striking out of proceedings commenced by the solicitor for or on behalf of that client. |
| Tung Hui Mannequin Industries v Tenet Insurance Co Ltd and others | Unknown | Yes | [2005] 3 SLR(R) 184 | Singapore | Cited for the principle that a solicitor’s failure to obtain proper authority can justify the striking out of proceedings commenced by the solicitor for or on behalf of that client. |
13. Applicable Rules
| Rule Name |
|---|
| Order 57 Rule 9(4) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| Order 57 Rule 9(1)(b) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
| Order 57 Rule 16(10)–(11) of the Rules of Court |
| Order 3 Rule 4(1) of the Rules of Court |
| Order 64 Rule 7(2) of the Rules of Court |
| Order 59 Rule 8(1) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| Bankruptcy Act (Cap 20, 2009 Rev Ed) | Singapore |
| s 401(1)(a) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 131(1)(a) of the Bankruptcy Act (Cap 20, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Notice of Appeal
- Official Assignee
- Bankruptcy
- Voluntary Arrangement
- Sanction
- Warrant to Act
- Discharge of Counsel
- Striking Out
- Appellant's Case
15.2 Keywords
- bankruptcy
- appeal
- striking out
- discharge of counsel
- official assignee
- voluntary arrangement
16. Subjects
- Civil Procedure
- Bankruptcy Law
- Legal Ethics
17. Areas of Law
- Civil Procedure
- Appeals
- Striking out
- Legal Profession
- Discharge of counsel
- Insolvency Law
- Bankruptcy Law