Lim Jen Lin v Energy Market Company: Striking Out & Natural Justice Appeal
In Lim Jen Lin v Energy Market Company Pte Ltd, Ms. Lim appealed to the High Court against the decision of the Principal District Judge Toh Han Li, who dismissed her appeal against Deputy Registrar Kaur's decision to strike out her writ of summons in DC/DC 459 of 2022. This suit concerned the same $200,000 claim from a previous case (Suit 4 of 2011) but now included the lawyers involved. The High Court, noting the issue stemmed from a payment not received due to a dispute over legal fees, proposed a solution and recused himself from hearing the appeal on its merits.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
The Judge recused himself from hearing the appeal on its merits.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Lim Jen Lin appeals the striking out of her suit against Energy Market Company. The High Court identifies a solution and recuses itself.
1.7 Decision Date
2. Parties and Outcomes
Party Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
Lim Jen Lin | Appellant, Plaintiff | Individual | Appeal not heard on merits | Neutral | Ong Ying Ping of Ong Ying Ping Esq Lee Ming Le of Ong Ying Ping Esq |
Energy Market Company Pte Ltd | Respondent, Defendant | Corporation | Appeal not heard on merits | Neutral | |
Pan Xingzheng Edric | Respondent, Defendant | Individual | Appeal not heard on merits | Neutral | |
Rodyk & Davidson LLP | Respondent, Defendant | Limited Liability Partnership | Appeal not heard on merits | Neutral |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
Ong Ying Ping | Ong Ying Ping Esq |
Lee Ming Le | Ong Ying Ping Esq |
Chiang Ju Hua Audrey | Dentons Rodyk & Davidson LLP |
Sim Zhi Quan Sean | Dentons Rodyk & Davidson LLP |
4. Facts
- Ms. Lim sued Energy in 2011 for wrongful dismissal, claiming $200,000.
- Energy accepted Ms. Lim's offer to settle for $200,000 in 2015.
- Ms. Lim's appeal against the settlement order was deemed withdrawn.
- Ms. Lim sued again in 2022 for the same $200,000, naming new parties.
- Energy sent two cheques for $200,000 to Ms. Lim's lawyers, Ang & Partners.
- Ang & Partners withheld the payment due to unpaid legal fees of $250,000.
- Energy and their lawyers were unaware that Ms. Lim had not received the payment.
5. Formal Citations
- Lim Jen Lin v Energy Market Company Pte Ltd and others, , [2024] SGHC 35
6. Timeline
Date | Event |
---|---|
Ms. Lim resigned from Energy. | |
Ms. Lim sued Energy in Suit 4 of 2011. | |
Energy accepted Ms. Lim's Offer to Settle. | |
Court of Appeal declared Ms Lim's appeal withdrawn. | |
Ms. Lim sued in DC/DC 459 of 2022. | |
Hearing on appeal by Ms. Lim. | |
Parties to return for directions on costs. |
7. Legal Issues
- Bias
- Outcome: The Judge recused himself due to a potential appearance of bias.
- Category: Procedural
- Striking Out
- Outcome: The appeal concerned the striking out of the writ of summons.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Unjust Enrichment
10. Practice Areas
- Litigation
11. Industries
- Energy
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 |
---|---|
No applicable statutes |
15. Key Terms and Keywords
15.1 Key Terms
- Striking out
- Recusal
- Abuse of process
- Offer to Settle
- Legal fees
15.2 Keywords
- Striking out
- Bias
- Civil Procedure
- Singapore
- High Court
17. Areas of Law
Area Name | Relevance Score |
---|---|
Civil Procedure | 75 |
Abuse of Process | 30 |
Recusal | 30 |
Contract Law | 30 |
Constitutional Law | 25 |
Costs | 20 |
Summary Judgement | 20 |
Legal fees | 20 |
Estoppel | 15 |
16. Subjects
- Civil Procedure
- Constitutional Law