Anthony s/o Savarimiuthu v Soh Chuan Tin

• Jurisdiction: Singapore
• Judge: Lai Kew Chai J
• Judgment Date: 18 May 1989
• Neutral Citation: [1989] SGHC 50
• Citation: [1989] SGHC 50
• Date: 18 May 1989
• Published date: 19 September 2003
• Plaintiff Counsel: Mahendra Prasad Rai (Niru & Co)
• Docket Number: Originating Motion No 152 of 1988
• Defendant Counsel: Colin Caines (Khosa & Caines)
• Court: High Court (Singapore)
• Year: 1989

Cur Adv Vult

This is an application for leave to appeal under s 21 of the Supreme Court of Judicature Act against the judgment of a magistrate who awarded $1,660 damages to the plaintiff arising out of a collision between the plaintiff`s taxi and the defendant`s lorry. Section 21 provides, inter alia, that there shall be a right of appeal if the amount in dispute exceeds $2,000 or `with leave of the High Court if under that amount`. The High Court`s power is obviously discretionary and such discretionary power has to be exercised judicially and ought to be exercised if prima facie and generally it could be shown that justice would require an appellate investigation of the case.

I was referred by counsel for the appellant/defendant to two cases, namely, Wong Yin & Ors v Wong Mook [1986] 2 MLJ 145 and Pang Hon Chin v Nahar Singh [1948] MLJ 164 . These cases did not lay down any exhaustive principle but they are authority for the following propositions. To obtain leave to appeal when the amount involved is below the statutory amount an applicant for leave must show that a serious and important issue of law is involved. That was held by Murray-Aynsley CJ in Wong Yin`s on the basis that rights of appeal are purely creatures of statutes and a court cannot entertain any which cannot be brought strictly...