Shee See Kuen v PT Trikomsel Oke Tbk: Leave for Service Out of Jurisdiction & Transfer of Appeal
Shee See Kuen, Joveen Miu Harn Peng, Ng Seng Yu, Ng Ah Moi, Leong Churn Meng (Liang Junming), Ong Chong Hock Joseph, Chin Mui Leng, Tan Guan Lee Company Ltd, Tong Sau Kwan, William Koh Chee Wei, Lin Zhuo @ Lin Ning, and Yeo Yu Kin applied to the Court of Appeal for leave to serve originating summonses out of jurisdiction on PT Trikomsel Oke Tbk, an Indonesian company, seeking the transfer of appeals from the Appellate Division of the High Court to the Court of Appeal. The court, led by Judith Prakash JCA, held that fresh leave for service out of jurisdiction was not required as leave had already been granted by the court below in the original suits.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
No orders made on the applications for leave to serve out of jurisdiction.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Applications for leave to serve originating summonses out of jurisdiction to transfer appeals. The court held fresh leave was not needed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Shee See Kuen | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| Joveen Miu Harn Peng | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| Ng Seng Yu | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| Ng Ah Moi | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| Leong Churn Meng (Liang Junming) | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| Ong Chong Hock Joseph | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| Chin Mui Leng | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| Tan Guan Lee Company Ltd | Applicant | Corporation | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| Tong Sau Kwan | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| William Koh Chee Wei | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| Lin Zhuo @ Lin Ning | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| Yeo Yu Kin | Applicant | Individual | No order made | Neutral | Goh Kok Leong, Daniel Tan An Ye, Henry Li-Zheng Setiono |
| PT Trikomsel Oke Tbk | Respondent | Corporation | No order made | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Goh Kok Leong | Ang & Partners |
| Daniel Tan An Ye | Ang & Partners |
| Henry Li-Zheng Setiono | Ang & Partners |
4. Facts
- Applicants sought to transfer appeals from the Appellate Division to the Court of Appeal.
- PT Trikomsel is an Indonesian company and the respondent in the appeals.
- Applicants were granted leave to serve the Writs of Summons on PT Trikomsel in January 2019.
- The Memorandum of Service shows the Writs were served on PT Trikomsel at Address 2.
- The Transfer Applications were filed on 26 January 2022.
- The applicants seek to persuade this court to reverse its holding in Noor Azlin that punitive and aggravated damages must be specifically pleaded.
5. Formal Citations
- Shee See Kuen and othersvPT Trikomsel Oke Tbk and another matter, , [2022] SGCA 27
6. Timeline
| Date | Event |
|---|---|
| Suits HC/S 564/2018 and HC/S 565/2018 filed. | |
| Leave granted to serve Writs of Summons on PT Trikomsel at Address 1. | |
| Writs served on PT Trikomsel at Address 2. | |
| Appeals AD/CA 4/2021 and AD/CA 5/2021 filed. | |
| Transfer Applications OS 2 and OS 3 filed. | |
| PT Trikomsel directed to file papers in Transfer Applications. | |
| Deadline for PT Trikomsel to file papers in Transfer Applications. | |
| Case Management Conference held. | |
| Applicants claimed PT Trikomsel changed registered address. | |
| SUM 4 and 5 filed. | |
| Judgment reserved. | |
| Judgment delivered. |
7. Legal Issues
- Leave for Service Out of Jurisdiction
- Outcome: The court held that fresh leave for service out of jurisdiction was not required as leave had already been granted by the court below in the original suits.
- Category: Procedural
- Sub-Issues:
- Duplicative applications for leave
- Exercise of extraterritorial jurisdiction
- Transfer of Appeal
- Outcome: The court considered the application to transfer the appeals from the Appellate Division of the High Court to the Court of Appeal.
- Category: Procedural
8. Remedies Sought
- Transfer of appeals to the Court of Appeal
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
- Appellate Practice
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd | Court of Appeal | Yes | [2021] SGCA 111 | Singapore | Cited regarding the requirement for punitive and aggravated damages to be specifically pleaded. |
| Jurong Shipyard Pte Ltd v BNP Paribas | High Court | Yes | [2008] 4 SLR(R) 33 | Singapore | Cited for the principle that an originating summons is interlocutory in nature if it does not dispose of the merits of the parties’ claims. |
| Burgundy Global Exploration Corp v Transocean Offshore International Ventures Ltd and another appeal | Court of Appeal | Yes | [2014] 3 SLR 381 | Singapore | Cited for the principle that the reforms to the civil procedure rules from 1991 to 1993 aimed to expedite court processes and increase efficiency. |
| Lee Hsien Loong v Review Publishing Co Ltd and another and another suit | High Court | Yes | [2007] 2 SLR(R) 453 | Singapore | Cited for the requirements for granting leave for overseas service. |
| Zoom Communications Ltd v Broadcast Solutions Pte Ltd | High Court | Yes | [2014] 4 SLR 500 | Singapore | Cited for the requirements for granting leave for overseas service. |
| Syed Suhail bin Syed Zin and others v Attorney-General and another | High Court | Yes | [2021] 4 SLR 698 | Singapore | Cited to demonstrate that not all originating summonses are originating processes which give rise to new civil proceedings. |
| Sidney Faithorne Green (Clerk) v Lord Penzance and others | N/A | Yes | (1881) App Cas 657 | N/A | Cited for the definition of 'cause'. |
| Delbert-Evans v Davies and Watson | N/A | Yes | [1945] 2 All ER 167 | N/A | Cited regarding when proceedings are considered pending in the context of contempt of court. |
| Hawksford Trustees Jersey Ltd v Stella Global UK Ltd and another (No 2) | England and Wales Court of Appeal (Civil Division) | Yes | [2012] EWCA Civ 987 | England and Wales | Cited regarding the distinction between trial and appeal proceedings for assessing costs. |
| Goh Teng Hoon and others v Choi Hon Ching | High Court | Yes | [1985–1986] SLR(R) 869 | Singapore | Cited regarding whether an appeal is a proceeding pending in the lower court. |
| Blake v Norris | N/A | Yes | (1990) 20 NSWLR 300 | N/A | Cited regarding the interpretation of 'proceeding' in the context of cross-vesting legislation. |
| Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd | Court of Appeal | Yes | [2021] 2 SLR 440 | Singapore | Originating summons was also used to bring the transfer applications. |
| Wei Fengpin v Raymond Low Tuck Loong and others | Court of Appeal | Yes | [2021] SGCA 115 | Singapore | Originating summons was also used to bring the transfer applications. |
| Choo Cheng Tong Wilfred v Phua Swee Khiang and another | Court of Appeal | Yes | [2022] SGCA 8 | Singapore | Originating summons was also used to bring the transfer applications. |
| Milaha Explorer Pte Ltd v Pengrui Leasing (Tianjin) Co Ltd | Court of Appeal | Yes | [2022] SGCA 9 | Singapore | Originating summons was also used to bring the transfer applications. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (2014 Rev Ed) |
| ORDER 11 |
| O 56A r 12(3)(d) |
| O 56A r 12(5) |
| O 57 r 16(1) |
| O 11 r 8(1) |
| O 1 r 4(1) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act 1969 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Leave for service out of jurisdiction
- Originating summons
- Transfer application
- Appellate Division
- Pending cause or matter
- Interlocutory proceeding
15.2 Keywords
- service out of jurisdiction
- transfer of appeal
- originating summons
- Singapore
- civil procedure
16. Subjects
- Civil Procedure
- Jurisdiction
- Appeals
17. Areas of Law
- Civil Procedure
- Service Out of Jurisdiction
- Appeals
- Transfer of Appeal