Milaha Explorer Pte Ltd v Pengrui Leasing (Tianjin) Co Ltd: Transfer of Appeal from Appellate Division to Court of Appeal

In Milaha Explorer Pte Ltd v Pengrui Leasing (Tianjin) Co Ltd, the Court of Appeal of Singapore addressed an application by Milaha to transfer AD/CA 118/2021 from the Appellate Division to the Court of Appeal. Milaha acknowledged that the appeal should have been made to the Court of Appeal pursuant to s 29C(2) of the Supreme Court of Judicature Act. The court ordered the transfer of the appeal and related applications to the Court of Appeal, emphasizing the need for counsel to act reasonably and sensibly to ensure the efficient administration of justice.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal transferred from the Appellate Division to the Court of Appeal.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal transfer case involving Milaha Explorer and Pengrui Leasing. The court addressed the efficient administration of justice and transfer of cases.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Milaha Explorer Pte LtdApplicantCorporationAppeal transferredNeutral
Pengrui Leasing (Tianjin) Co LtdRespondentCorporationAppeal transferredNeutral

3. Judges

Judge NameTitleDelivered Judgment
Andrew Phang Boon LeongJustice of the Court of AppealYes

4. Counsels

Counsel NameOrganization
Edgar Chin Ren HoweAscendant Legal LLC
Ch’ng Cheng Yi SamanthaAscendant Legal LLC
Henry Li-Zheng SetionoAng & Partners

4. Facts

  1. Milaha inadvertently filed an appeal to the Appellate Division instead of the Court of Appeal.
  2. Pengrui filed SUM 35 to strike out AD 118 because Milaha failed to seek leave to appeal.
  3. Pengrui argued that AD 118 is invalid and cannot be transferred.
  4. The court found Pengrui's opposition to the transfer problematic.
  5. The court determined that the correct appellate court needs to be determined first.
  6. The time for filing a notice of appeal had lapsed.

5. Formal Citations

    6. Timeline

    DateEvent
    Hearing date
    Originating Summons No 31 of 2021 filed
    Judgment date

    7. Legal Issues

    1. Transfer of cases
      • Outcome: The court ordered the transfer of AD 118 and all related applications from the Appellate Division to the Court of Appeal.
      • Category: Procedural

    8. Remedies Sought

    1. Transfer of appeal

    9. Cause of Actions

    • No cause of actions

    10. Practice Areas

    • Appeals
    • Arbitration

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    No cited cases

    13. Applicable Rules

    Rule Name
    Order 56A, Rule 12 of the Rules of Court (Cap 322, R 5)
    O 57 r 4 of the Rules of Court (2014 Rev Ed)

    14. Applicable Statutes

    Statute NameJurisdiction
    Supreme Court of Judicature Act (Cap 322)Singapore
    Section 29C(2) of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Transfer application
    • Appellate Division
    • Court of Appeal
    • Leave to appeal
    • Efficient administration of justice

    15.2 Keywords

    • Appeal
    • Transfer
    • Appellate Division
    • Court of Appeal
    • Singapore
    • SCJA

    17. Areas of Law

    Area NameRelevance Score
    Transfer of Cases90
    Arbitration60
    Civil Procedure50
    Judgments and Orders40
    Costs30

    16. Subjects

    • Civil Procedure
    • Courts and Jurisdiction