Anwar Siraj and Another v Ting Kang Chung John and Another

• Jurisdiction: Singapore
• Judge: Lee Seiu Kin J
• Judgment Date: 25 March 2009
• Neutral Citation: [2009] SGHC 71
• Court: High Court (Singapore)
• Published date: 06 April 2009
• Citation: [2009] SGHC 71
• Plaintiff Counsel: The first and second plaintiffs in person
• Defendant Counsel: Ng Yuen (Malkin & Maxwell LLP),S Thulasidas (Ling Das & Partners)
• Subject Matter: Criminal Procedure and Sentencing
• Year: 2009

25 March 2009

Lee Seiu Kin J:

1 The first defendant (“Ting”) is the arbitrator in arbitration proceedings between the plaintiffs and the second defendant (“the Contractor”) and has written an arbitration award (“the Award”), although to date it has not been collected by either side. On 24 September 2008, the plaintiffs took out this originating summons for an order, inter alia, to set aside the Award and refer any outstanding disputes with the Contractor to the courts for resolution. On 31 October 2008, the plaintiffs filed Summons No 4814 of 2008 (“the Summons”) with the following prayers:

1) pursuant to the Rules of Court Order 4 Rule 1, the matters pending in Originating Summons OS1231/2008/W AND Originating Summons OS1807/2006/S AND Suit 348/2006/M be consolidated on such terms as the Honourable Court thinks just;

2) any other directions which the Honourable Court deems fit and just in respect of and/or arising from the consolidation of the aforementioned three pending matters so as to ensure the economic, expeditious, fair and just resolution of all the pending matters;

3) pursuant to the Rules of Court Order 28 Rule 8 and Order 5 Rules 2 and 4 the Originating Summons OS1231/2008/W be converted into a Writ of Summons and the proceedings should be continued as if the matter had been begun by Writ;

4) any other directions which the Honourable Court deems fit and just in respect of and/or arising from the conversion of OS1231/2008/W into a Writ of Summons including but not limited to the requirements under Order 25 Rules 2 to 7;

5) that the Police and/or the Commercial Affairs Dept (CAD) and/or any other appropriate Investigating Authority be directed to:

a) speedily complete their investigations into Magistrate’s Complaint Nos COM-002184-04 (CM-002943-04), COM-001081-04 (CM002436-04) and MAG-000262-05/C (CM-002282-05) and to furnish their comprehensive report to this Court together with full details of the names, particulars (including NRIC No and address) and nationality of parties named and/or identified in the report(s) and/or photographs;

b) speedily investigate

i) all allegations of fraud, fraudulent claims and cheating, falsification of bills and/or receipts made against the 1st and 2nd Defendants and/or their agents and/or staff and/or servants;

ii) all allegations of criminal negligence due to loss of documents and/or any other evidence caused by and/or resulting from the actions/omission of the 1st Defendant

And to...