Ho Soo Fong v Ho Pak Kim Realty: Application for Leave to Appeal Stay of Execution

Ho Soo Fong and Ho Soo Kheng applied for leave to appeal the High Court's decision to dismiss their application for a stay of execution of proceedings commenced by Ho Pak Kim Realty Co Pte Ltd (in liquidation). The High Court had previously adjudged the applicants jointly and severally liable to the respondent for $3,590,587. The Appellate Division of the High Court, comprising Woo Bih Li JAD and Chua Lee Ming J, dismissed the application for leave to appeal, finding no prima facie error of law or question of general principle decided for the first time.

1. Case Overview

1.1 Court

Appellate Division of the High Court

1.2 Outcome

Application for leave to appeal dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Application for leave to appeal the High Court's decision to dismiss a stay of execution. The Appellate Division dismissed the application, finding no error of law.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ho Soo FongApplicant, DefendantIndividualApplication for leave to appeal dismissedLost
Ho Soo KhengApplicant, DefendantIndividualApplication for leave to appeal dismissedLost
Ho Pak Kim Realty Co Pte Ltd (in liquidation)Respondent, PlaintiffCorporationCosts awardedWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudge of the Appellate DivisionYes
Chua Lee MingJudge of the High CourtNo

4. Counsels

Counsel NameOrganization
Chen SixueOptimus Chambers LLC
Choh Thian Chee IrvingOptimus Chambers LLC
Kor Wan Wen MelissaOptimus Chambers LLC
Lee Ming Hui KelvinWNLEX LLC
Ong Xin Ying SamanthaWNLEX LLC
Tan Zhi Yi KikkiWNLEX LLC

4. Facts

  1. Applicants were adjudged jointly and severally liable for $3,590,587.
  2. Applicants' appeal against the judgment debt was dismissed.
  3. Applicants sought a stay of execution pending appeal, which was initially granted.
  4. Applicants filed an application for a further stay of execution until 31 October 2021.
  5. The Judge dismissed the application for a further stay of execution.
  6. Applicants proposed mortgaging 16 units to raise funds to pay the judgment debt.
  7. The company owning the units was not wholly owned by the applicants.

5. Formal Citations

  1. Ho Soo Fong and another v Ho Pak Kim Realty Co Pte Ltd (in liquidation), , [2021] SGHC(A) 11

6. Timeline

DateEvent
Respondent commenced proceedings by way of HC/WSS 47/2020.
Respondent commenced proceedings by way of HC/WSS 47/2020.
High Court adjudged applicants jointly and severally liable to the respondent for $3,590,587.
Court of Appeal dismissed applicants' appeal with costs.
Applicants filed HC/SUM 1871/2021 for a stay of execution.
First supporting affidavit for the Application was filed.
Judge dismissed the Application.
Applicants filed application for leave to appeal.
Hearing date.
Judgment reserved.

7. Legal Issues

  1. Stay of Execution
    • Outcome: The court held that the applicants did not provide sufficient evidence to justify a stay of execution.
    • Category: Procedural
    • Sub-Issues:
      • Postponement of sale of real property
      • Requirements for stay of execution

8. Remedies Sought

  1. Stay of execution

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation
  • Appellate Practice

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lim Joo Thong v Koperasi Serbaguna Taiping Barat BhdMalaysian Court of AppealYes[1998] 1 MLJ 657MalaysiaCited by the applicants to argue that a definite proposal to raise funds should suffice for postponement of sale. The court distinguished this case, stating that it does not support the proposition that a definite proposal is sufficient.

13. Applicable Rules

Rule Name
O 47 r 5(c) of the Rules of Court (2014 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Stay of execution
  • Judgment debt
  • Postponement of sale
  • Definite proposal
  • Prima facie error of law
  • General principle

15.2 Keywords

  • Stay of execution
  • Appeal
  • Judgment debt
  • Rules of Court
  • Singapore

17. Areas of Law

Area NameRelevance Score
Appellate Practice80
Civil Practice75
Stay of Execution70
Judgments and Orders60
Bankruptcy40
Liquidation40

16. Subjects

  • Civil Procedure
  • Appeals
  • Execution Proceedings