Neo Chin Heng v Good Year Contractor: Application for Committal Order for Contempt of Court
In Neo Chin Heng v Good Year Contractor Pte Ltd, the High Court of Singapore granted Neo Chin Heng's application for permission to apply for a committal order against Good Year Contractor Pte Ltd and its director, Mr. Peh Eng San, for disobeying a court order issued on 6 April 2023. The court found a prima facie case of contempt, as the respondents failed to allow the applicant to inspect company documents as ordered. The court reserved the decision on costs.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Application granted.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court granted Neo Chin Heng permission to apply for a committal order against Good Year Contractor and its director for disobeying a court order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Neo Chin Heng | Claimant, Committal Applicant | Individual | Application granted | Won | |
| Good Year Contractor Pte Ltd | Defendant | Corporation | Application for committal order granted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Yihan | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Choo Zheng Xi | RCL Chambers Law Corporation |
| Chua Shi Jie | RCL Chambers Law Corporation |
4. Facts
- The applicant sought permission to apply for committal orders against the respondents for disobeying a court order.
- The court order required Good Year to allow the applicant to inspect certain company documents.
- The applicant alleged that the respondents failed to comply with the court order.
- The applicant served the court order on Good Year's lawyers on 17 April 2023.
- The applicant's solicitors sent multiple letters to arrange for inspection of the documents, but received no response.
- The respondents did not provide any explanation for their failure to comply with the court order.
5. Formal Citations
- Neo Chin Heng v Good Year Contractor Pte Ltd, Originating Application No 13 of 2023 (Summons No 3626 of 2023), [2024] SGHC 8
6. Timeline
| Date | Event |
|---|---|
| Order of Court made (HC/ORC 1720/2023) | |
| Applicant's solicitors wrote to Manicka & Co to arrange inspection | |
| ORC 1720 e-served on Good Year’s lawyers, Manicka & Co | |
| Applicant's solicitors wrote to Manicka & Co to arrange inspection | |
| Applicant's solicitors wrote to Manicka & Co and Mr Peh regarding non-compliance | |
| Hearing of the application | |
| Decision made on the application |
7. Legal Issues
- Contempt of Court
- Outcome: The court found a prima facie case of contempt against the respondents.
- Category: Substantive
- Sub-Issues:
- Disobeying Order of Court
- Related Cases:
- [2016] 3 SLR 1
8. Remedies Sought
- Committal Order
9. Cause of Actions
- Contempt of Court
10. Practice Areas
- Civil Litigation
- Contempt of Court
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mok Kah Hong v Zheng Zhuan Yao | Court of Appeal | Yes | [2016] 3 SLR 1 | Singapore | Cited for the principle that a committal applicant must make full and frank disclosure of the background facts and that there must be sufficient particulars for the committal respondent to know the precise case that he has to meet. |
| ILC Co, Ltd v Saitama Hiroshi and others | High Court | Yes | [2023] SGHC 206 | Singapore | Cited for the principle that permission may be granted if the court is satisfied that, on the assumption that the breach is proved, there is no reasonable excuse for the breach. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021 |
| Order 23 Rule 3(1) of the Rules of Court 2021 |
| Order 23 Rule 3(2) of the Rules of Court 2021 |
| Order 23 Rule 3(3) of the Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Companies Act 1967 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Committal Order
- Contempt of Court
- Order of Court
- Inspection of Documents
- Prima Facie Case
15.2 Keywords
- Committal
- Contempt
- Court Order
- Inspection
- Documents
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contempt of Court | 95 |
| Civil Procedure | 60 |
| Company Law | 50 |
16. Subjects
- Civil Procedure
- Contempt of Court