Seow Fook Sen Aloysius v Rajah & Tann: Guidance on Appeals under Supreme Court of Judicature Act

In Seow Fook Sen Aloysius v Rajah & Tann Singapore LLP, the Court of Appeal of Singapore addressed Originating Summons No 5 of 2022, concerning the allocation of appeals between the Court of Appeal and the Appellate Division under the Supreme Court of Judicature Act. The court dismissed the application, finding that the appeal should have been filed with the Appellate Division, as it did not fall within the Sixth Schedule of the SCJA. The court provided guidance on interpreting the Sixth Schedule, particularly regarding cases 'relating to' insolvency, restructuring, or dissolution of a corporation.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Originating Summons dismissed for lack of jurisdiction; leave granted to file with the Appellate Division.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Guidance on interpreting the Sixth Schedule of the SCJA regarding appeals from the General Division to the Court of Appeal or Appellate Division.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Rajah & Tann Singapore LLPRespondentLimited Liability PartnershipSuccessful in DismissalWon
Seow Fook Sen AloysiusApplicantIndividualApplication DismissedDismissed

3. Judges

Judge NameTitleDelivered Judgment
Andrew Phang Boon LeongJustice of the Court of AppealYes
Judith PrakashJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
Liew Wey-Ren ColinColin Liew LLC
Christopher Anand s/o DanielAdvocatus Law LLP
Harjean KaurAdvocatus Law LLP
Yeo Yi Ling EileenAdvocatus Law LLP
Shalini RajasegarAdvocatus Law LLP
Keith Valentine Lee Jia JinAdvocatus Law LLP

4. Facts

  1. Mr. Seow sought leave to appeal a decision regarding taxation of a bill of costs.
  2. R&T was engaged by HLT for corporate restructuring work.
  3. Mr. Seow provided a cheque to R&T, deposited in place of HLT's cheque.
  4. R&T issued an invoice to HLT for S$908,955.68.
  5. R&T debited S$908,955.68 from HLT’s client account and returned the balance to Mr. Seow.
  6. Mr. Seow was dissatisfied with the quantum of fees debited.
  7. HLT has since been wound up.

5. Formal Citations

  1. Seow Fook Sen Aloysius v Rajah & Tann Singapore LLP, , [2022] SGCA 40

6. Timeline

DateEvent
Rajah & Tann Singapore LLP engaged by Hin Leong Trading Pte Ltd to carry out corporate restructuring work.
R&T commenced restructuring work for HLT.
R&T completed restructuring work for HLT.
R&T issued an invoice to HLT for S$908,955.68.
HLT wound up.
Mr. Seow sought an order under s 120 of the LPA for R&T’s bill of costs to HLT to be taxed.
Decision of a judge in the General Division in Seow Fook Sen Aloysius v Rajah & Tann Singapore LLP HC/OS 1185/2021.
Hearing date.
Judgment reserved.

7. Legal Issues

  1. Jurisdiction of Court of Appeal vs. Appellate Division
    • Outcome: Court of Appeal held it lacked jurisdiction; appeal should have been filed with the Appellate Division.
    • Category: Jurisdictional
    • Sub-Issues:
      • Interpretation of Sixth Schedule of the Supreme Court of Judicature Act
      • Allocation of appeals between Court of Appeal and Appellate Division

8. Remedies Sought

  1. Leave to appeal
  2. Order for taxation of bill of costs

9. Cause of Actions

  • Application for leave to appeal
  • Application for taxation of bill of costs under s 120 of the Legal Profession Act

10. Practice Areas

  • Appeals
  • Taxation of Costs

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte LtdCourt of AppealYes[2021] 2 SLR 440SingaporeCited regarding the purpose of the statutory scheme for the allocation of appeals in the SCJA.
UJM v UJLCourt of AppealYes[2021] SGCA 117SingaporeCited regarding the powers of the Appellate Division to depart from its own precedents.
Wei Fengpin v Raymond Low Tuck Loong and othersCourt of AppealYes[2021] SGCA 115SingaporeCited regarding the role of paras 1(a)-(e) in carving out specific categories or types of proceedings to be heard by the Court of Appeal.

13. Applicable Rules

Rule Name
Order 57, Rule 2A of the Rules of Court (2014 Rev Ed)
Order 57, Rule 16 of the Rules of Court (2014 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act 1969Singapore
Legal Profession Act (Cap 161, 2009 Rev Ed)Singapore
Supreme Court of Judicature (Amendment) Act 2019Singapore
Parliamentary Elections Act 1954Singapore
Presidential Elections Act 1991Singapore
Mediation Act 2017Singapore
Singapore Convention on Mediation Act 2020Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Sixth Schedule
  • Appellate Division
  • Court of Appeal
  • Supreme Court of Judicature Act
  • Insolvency
  • Restructuring
  • Taxation of costs
  • Jurisdiction

15.2 Keywords

  • Jurisdiction
  • Appeal
  • Appellate Division
  • Court of Appeal
  • Insolvency
  • Restructuring
  • Singapore
  • SCJA
  • Sixth Schedule

17. Areas of Law

Area NameRelevance Score
Appellate Practice70
Civil Practice70
Assessment of Legal Costs60
Litigation60
Legal Profession Act50
Winding Up40
Insolvency Law40
Restructuring and Dissolution40
Banking Law30
Company Law30

16. Subjects

  • Civil Procedure
  • Jurisdiction
  • Appeals
  • Insolvency Law