Lakshmi v Lazada: Appeal Dismissed for Lack of Leave on Small Claims Tribunal Decision
Lakshmi d/o Kumaravelu filed an ex parte originating summons in the General Division of the High Court of Singapore to appeal against decisions of the Small Claims Tribunal regarding a claim against Lazada Singapore Pte Ltd. The High Court, presided over by Judicial Commissioner Andre Maniam, dismissed the originating summons, holding that the plaintiff had no right to appeal the Small Claims Tribunal's decision because she had been denied leave to appeal by the District Court, a decision which is final and not subject to appeal. The court also rejected the plaintiff's suggestion that the originating summons could be regarded as a fresh claim.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lakshmi's appeal against a Small Claims Tribunal decision was dismissed by the High Court due to lack of leave to appeal. The court upheld the finality of the tribunal's order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lakshmi d/o Kumaravelu | Plaintiff | Individual | Appeal Dismissed | Lost | |
| Lazada Singapore Pte Ltd | Defendant | Corporation | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|
4. Facts
- The plaintiff sought a refund and damages from Lazada at the Small Claims Tribunal.
- Lazada was willing to refund the dishwasher purchase price.
- The plaintiff claimed damages for eczema allegedly caused by dealing with Lazada's customer service.
- The tribunal magistrate denied the plaintiff's damages claim.
- The District Court dismissed the plaintiff's application for leave to appeal.
- The plaintiff filed an originating summons in the High Court as a "notice of appeal."
- The plaintiff declined to amend the OS to make it inter partes.
5. Formal Citations
- Lakshmi d/o Kumaravelu v Lazada Singapore Pte Ltd, , [2021] SGHC 174
- Lakshmi d/o Kumaravelu v Lazada Singapore Pte Ltd, Tribunal Appeal No 10 of 2021, Tribunal Appeal No 10 of 2021
6. Timeline
| Date | Event |
|---|---|
| Plaintiff purchased a dishwasher on Lazada's online platform. | |
| Plaintiff quantified damages for eczema up to mid-October. | |
| Hearing of the originating summons. | |
| Judgment issued. |
7. Legal Issues
- Right to Appeal
- Outcome: The court held that the plaintiff had no right to appeal the Small Claims Tribunal's decision because she had been denied leave to appeal by the District Court, a decision which is final and not subject to appeal.
- Category: Procedural
- Sub-Issues:
- Leave to Appeal
- Finality of Tribunal Decision
8. Remedies Sought
- Refund
- Damages
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
- Appeals
11. Industries
- E-commerce
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Small Claims Tribunals Act (Cap 308, 1998 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Small Claims Tribunal
- Leave to Appeal
- Originating Summons
- Final and Binding
- Ex Parte
15.2 Keywords
- Appeal
- Small Claims Tribunal
- Lazada
- Leave to Appeal
- Civil Procedure
16. Subjects
- Civil Procedure
- Appeals
- Small Claims Tribunal
17. Areas of Law
- Civil Procedure
- Appeals
- Small Claims Tribunals Act