Blenwel Agencies Pte Ltd v Tan Lee King

• Jurisdiction: Singapore
• Judge: Choo Han Teck J
• Judgment Date: 18 October 2007
• Neutral Citation: [2007] SGHC 181
• Court: High Court (Singapore)
• Published date: 17 January 2008
• Year: 2007
• Plaintiff Counsel: Carolyn Tan (Tan & Au LLP)
• Defendant Counsel: Raymond Ng (Tan Lay Keng & Co)
• Subject Matter: Civil Procedure,Appeals,Leave,Leave to appeal to the Court of Appeal,Finality in matters to prevent excessive litigation,Courts and Jurisdiction
• Citation: [2007] SGHC 181

18 October 2007

Choo Han Teck J:

1 This case started in the Magistrates’ Court as MC Suit No 30163 of 2004 in which the plaintiff sued the defendant for damage to a wheel clamp belonging to the plaintiff. The undisputed facts were that the plaintiff, who is an operator of car park facilities, clamped the wheel of the defendant’s car. The defendant drove away with the clamp and thereby damaged it. The matter was referred to the Primary Dispute Resolution Centre (“PDRC”) at the Subordinate Courts before District Judge Ng Peng Hong (“DJ Ng”) on 18 January 2007. At that time, the plaintiff was represented by Ms Carolyn Tan (“Ms Tan”) and the defendant was unrepresented.

2 The parties resolved the matter by an agreement for the defendant to pay the plaintiff the sum of $3,000 in full and final settlement of its claim in two instalments. The first instalment of $1,500 was to be paid by 1 February 2007 and the second instalment of $1,500 was to be paid by 15 February 2007. The defendant went to Ms Tan’s office on 1 February 2007 to pay the full sum of $3,000. However, the money was returned to the defendant when he refused to sign a joint press release drafted by Ms Tan. Consequently, the parties returned to the PDRC on 8 February 2007 where the defendant again tendered payment but was rejected by the plaintiff on account that the defendant did not agree to sign the joint press statement. The defendant deposed in his affidavit of 24 September 2007 that in the proceedings on 8 February 2007 DJ Ng told Ms Tan that the order he made at the PDRC on 18 January 2007 did not require the defendant to sign the joint press release. The relevant order merely stated:

By consent a joint press statement to be issued by the parties stating that the defendant acknowledges the plaintiff’s rights and the plaintiffs are entitled to carry out wheel clamping of vehicles which are illegally parked

3 The plaintiff then obtained, ex parte, a default judgment on 22 February 2007 for $5,000, being the sum of $3,000 and $2,000 costs. The default judgment was served on the defendant on 27 February 2007 and he was given three days to pay. The defendant then instructed Mr Raymond Ng (“Mr Ng”) to apply to have the default judgment set aside. DJ James Leong (“DJ Leong”) allowed the application and set aside the default judgment with costs fixed at $1,500. At the hearing before DJ Leong, Mr Ng made two submissions:

(1) there was no default as the defendant had already tendered payment; and

(2) on the basis of the decision of Lai Siu Chiu J in Lock Han Chng Jonathan v Goh Jessiline [2007] 3 SLR 51 (“Jonathan Lock’s case”), the PDRC was not a court.

DJ Leong refused leave to the plaintiff to appeal. Accordingly, the plaintiff, through Ms Tan, applied for leave to appeal to the High Court.

4 The application for leave to appeal was heard by...