Hii Yii Ann v Tiong Thai King: Striking Out Counterclaim in Logging Agreement Dispute
In Hii Yii Ann and Alliance Lumber (PNG) Limited v Tiong Thai King and Everrise Cooperation Pte Ltd, the Singapore International Commercial Court addressed a summons by Everrise Cooperation Pte Ltd to strike out a counterclaim by Tiong Thai King related to a logging agreement dispute. The court dismissed the summons, finding that it was inappropriate to determine the issue of abuse of process in the present summons. The court ordered Everrise Cooperation Pte Ltd to pay the costs of the summons to Tiong Thai King.
1. Case Overview
1.1 Court
SINGAPORE INTERNATIONAL COMMERCIAL COURT1.2 Outcome
SIC/SUM 1/2024 is dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Singapore International Commercial Court addressed a summons to strike out a counterclaim in a dispute over a logging agreement, focusing on abuse of process.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Hii Yii Ann | Claimant, Defendant in counterclaim | Individual | Summons dismissed | Neutral | |
| Alliance Lumber (PNG) Limited | Claimant, Defendant in counterclaim | Corporation | Summons dismissed | Neutral | |
| Tiong Thai King | Defendant, Claimant in counterclaim | Individual | Summons dismissed | Won | |
| Everrise Cooperation Pte Ltd | Defendant, Defendant in counterclaim | Corporation | Summons dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Thomas Bathurst | International Judge | Yes |
4. Counsels
4. Facts
- Claimants brought proceedings against the Defendants arising out of a dispute in respect of a Logging Agreement.
- The Logging Agreement provided for the First Defendant to fell and extract logs from an area TP 10-01 in Papua New Guinea.
- The Second Defendant was the joint venture company, with the First Claimant holding 60% of its shares and the First Defendant holding 40%.
- Two shipments of logs were made pursuant to the Logging Agreement.
- The Second Defendant assessed and paid the Claimants' and the First Defendant's shares of the net proceeds for the first shipment.
- The Second Defendant also received the proceeds of the second shipment and assessed the Claimants' and the First Defendant's shares.
- The Claimants claimed damages from the First Defendant as against the Second Defendant.
- The Second Defendant did not file a notice of intention to contest, and a default judgment was granted against it.
- The First Defendant filed a counterclaim against the Second Defendant.
- The Second Defendant sought orders striking out the counterclaim.
5. Formal Citations
- Hii Yii Ann and another v Tiong Thai King and another and another matter, , [2024] SGHC(I) 21
- , Originating Application No 15 of 2023, Originating Application No 15 of 2023
- , Summons No 1 of 2024, Summons No 1 of 2024
6. Timeline
| Date | Event |
|---|---|
| Logging Agreement signed | |
| Original statement of claim filed | |
| First Defendant served with original statement of claim | |
| Registrar’s Case Conference scheduled | |
| Claimants applied for default judgment against Second Defendant | |
| First Defendant filed a counterclaim against the Second Defendant | |
| Amended statement of claim filed | |
| Amended Counterclaim filed | |
| Claimants requested the application for default judgment be dealt with urgently | |
| Registrar granted default judgment | |
| SIC/SUM 1/2024 filed | |
| First Defendant swore affidavit in opposition to orders sought by Second Defendant in SUM 1 | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Striking out of counterclaim
- Outcome: The court dismissed the summons to strike out the counterclaim.
- Category: Procedural
- Sub-Issues:
- Abuse of process
- Collateral attack on prior decision
- Related Cases:
- [2022] 2 SLR 1018
- Res judicata
- Outcome: The court found that res judicata did not apply in this case.
- Category: Substantive
- Related Cases:
- [1843-60] All ER Rep 378
- [2017] 2 SLR 12
- [2005] 3 SLR(R) 157
- [1964] AC 993
- [2011] 2 SLR 661
- [1977] 1 WLR 510
- [2000] 1 SLR(R) 53
- Issue estoppel
- Outcome: The court found that issue estoppel did not apply in this case.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 12
- [2005] 3 SLR(R) 157
- [1977] 1 WLR 510
- [2000] 1 SLR(R) 53
8. Remedies Sought
- Striking out of counterclaim
- Damages
9. Cause of Actions
- Breach of Contract
- Breach of Trust
- Dishonest Assistance
- Inducement of Breach of Contract
10. Practice Areas
- Commercial Litigation
- Arbitration
11. Industries
- Logging
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Iskandar bin Rahmat v Attorney General | N/A | Yes | [2022] 2 SLR 1018 | Singapore | Cited for the principles of striking out pleadings under O 16 r 4(1)(b) and (c) of the SICC Rules. |
| Henderson v Henderson | N/A | Yes | [1843-60] All ER Rep 378 | N/A | Cited for the extended doctrine of res judicata. |
| Turf Club Auto Enterprises Pte Ltd v Yeo Boong Hua | Court of Appeal | Yes | [2017] 2 SLR 12 | Singapore | Cited for the requirements of issue estoppel. |
| Lee Tat Development Pte Ltd v Management Corporation of Strata Title Plan No.301 | N/A | Yes | [2005] 3 SLR(R) 157 | Singapore | Cited for the requirements of issue estoppel. |
| Kok Hoong v Leong Cheong Kweng Mines Ltd | Privy Council | Yes | [1964] AC 993 | N/A | Cited for the principle that the court must scrutinise a default judgment carefully to see what it actually decided. |
| Syed Ahmad Jamal Alsagoff v Harun bin Syed Hussain Aljunied | High Court | Yes | [2011] 2 SLR 661 | Singapore | Cited for the principle that it is necessary to scrutinise the judgment carefully to see what it actually decided. |
| Gleeson v J Wippell & Co Ltd | N/A | Yes | [1977] 1 WLR 510 | N/A | Cited for the principle that an estoppel cannot arise when a party is not a party to the decision and had no voice in the matter. |
| Ching Mun Fong v Liu Cho Chit | Court of Appeal | Yes | [2000] 1 SLR(R) 53 | Singapore | Cited for approval of the decision in Gleeson v J Wippell & Co. |
| Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd | Court of Appeal | Yes | [2018] 1 SLR 317 | Singapore | Cited for the principle that when a party has elected to exercise a right it cannot be said to have abandoned any other rights which it may have except to the extent those rights are inconsistent with each other. |
13. Applicable Rules
| Rule Name |
|---|
| Singapore International Commercial Court Rules 2021 |
| Order 16 rule 4 of the Singapore International Commercial Court Rules 2021 |
| Rules of Court 2021 |
| Order 9 rule 16 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
- Logging Agreement
- Counterclaim
- Default Judgment
- Abuse of Process
- Res Judicata
- Issue Estoppel
- Notice of Intention to Contest
- Shareholders
- Directors
- Breach of Trust
15.2 Keywords
- Striking out
- Counterclaim
- Logging Agreement
- Singapore International Commercial Court
- Abuse of Process
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Striking out | 90 |
| Commercial Disputes | 80 |
| Commercial Litigation | 70 |
| Res Judicata | 60 |
| Civil Practice | 60 |
| Corporate Litigation | 50 |
| Breach of Trust | 40 |
| Amendment of Pleadings | 40 |
| Director's Duties | 30 |
| Arbitration | 30 |
16. Subjects
- Civil Procedure
- Contract Law
- Arbitration