Anwar Siraj and Another v Ting Kang Chung John and Another

JurisdictionSingapore
JudgeLee Seiu Kin J
Judgment Date25 March 2009
Neutral Citation[2009] SGHC 71
CourtHigh Court (Singapore)
Published date06 April 2009
Citation[2009] SGHC 71
Plaintiff CounselThe first and second plaintiffs in person
Defendant CounselNg Yuen (Malkin & Maxwell LLP),S Thulasidas (Ling Das & Partners)
Subject MatterCriminal Procedure and Sentencing
Year2009

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

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5 cases
  • Anwar Siraj and Another v Ting Kang Chung John
    • Singapore
    • Court of Appeal (Singapore)
    • 9 December 2009
    ...and Norma Khoo (“the appellants”) against the decision of the High Court in Anwar Siraj and another v Ting Kang Chung John and another [2009] SGHC 71. We granted the application to strike out the appeal and now give our Background to application 2 A brief account of the main events leading ......
  • Lim Tean v Attorney-General
    • Singapore
    • High Court (Singapore)
    • 8 December 2020
    ...against the respondent. The High Court declined to make this order (see Anwar Siraj and Another v Ting Kang Chung John and Another [2009] SGHC 71). The Court of Appeal allowed the respondent’s application to strike out the appellants’ appeal principally because the notice of appeal was file......
  • Anwar Siraj and another v Attorney-General
    • Singapore
    • High Court (Singapore)
    • 8 February 2010
    ...their first and second prayers in the current Originating Summons. Lee Seiu Kin J dismissed this application on 19 January 2009, (see: [2009] SGHC 71), on the ground that a judge had no power to order the police to conduct an investigation or to speed up that process; and even if he had, th......
  • Anwar Siraj and Another v Ting Kang Chung John
    • Singapore
    • Court of Three Judges (Singapore)
    • 9 December 2009
    ...and Norma Khoo (“the appellants”) against the decision of the High Court in Anwar Siraj and another v Ting Kang Chung John and another [2009] SGHC 71. We granted the application to strike out the appeal and now give our Background to application 2 A brief account of the main events leading ......
  • Request a trial to view additional results

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