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...
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Hua Sheng Tao v Welltech Construction Pte Ltd and Another and Another Application
...to the point that it may depend on who the party appealing is, and on that basis, distinguished Anthony s/o Savarimuthu v Soh Chuan Tin [1989] SLR 607. The relevance of the party intending to appeal is that the amount in dispute so far as one party is concerned may not be the same as regard......
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Augustine and Another v Goh Siam Yong
... ... He relied on Anthony s/o Savarimiuthu v Soh Chuan Tin 2 where it was accepted that the defendant would have to obtain ... ...
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Lee Kuan Yew v Tang Liang Hong and Another and Other Actions
...been set out in the cases of Pang Hon Chin v Nahar Singh [1986] 2 MLJ 145 and Anthony s/o Savarimiuthu v Soh Chuan Tin [1989] 3 MLJ 5 ; [1989] SLR 607.In Pang `s case, Edgar Joseph Jr J laid down the following principles at p The circumstances in which leave to appeal will be granted would ......
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Ng Chin Siau and Others v How Kim Chuan
...Abdul Rahman bin Shariff v Abdul Salim bin Syed [1999] 3 SLR (R) 138; [1999] 4 SLR 716 (refd) Anthony s/o Savarimiuthu v Soh Chuan Tin [1989] 1 SLR (R) 588; [1989] SLR 607 (folld) Evergreat Construction Co Pte Ltd v Presscrete Engineering Pte Ltd [2006] 1 SLR (R) 634; [2006] 1 SLR 634 (dist......
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Civil Procedure
...Corporation of Singapore Pte Ltd[2001] 2 SLR 179. There, Tan J cited Lai Kew Chai J”s decision in Anthony s/o Savarimiuthu v Soh Chuan Tin[1989] SLR 607 and Yong Pung How CJ”s judgment in Lee Kuan Yew v Tang Liang Hong[1997] 3 SLR 489, the latter case referring to the former and stating (at......
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Civil Procedure
...whether a prima facie case of error is sufficient for granting leave, as suggested in the case of Anthony s/o Savarimiuthu v Soh Chuan Tin[1989] SLR 607, or whether that should be limited to errors of law as stated in Abdul Rahman bin Shariff v Abdul Salim bin Syed[1999] 4 SLR 716. The High......
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Arbitration
...adopted the definition of a ‘question of law … of general importance’ given by Lai Kew Chai J in Anthony s/o Savarimiuthu v Soh Chuan Tin[1989] SLR 607 (at 608E, [2]) as a ‘question … upon which further argument and a decision of a higher tribunal would be to public advantage’. As the issue......