Lee Kuan Yew v Jeyaretnam JB (No 2)

JurisdictionSingapore
JudgeYong Pung How J
Judgment Date17 August 1990
Neutral Citation[1990] SGHC 54
Docket NumberMotion in Suit No 1754 of 1988
Date17 August 1990
Published date19 September 2003
Year1990
Plaintiff CounselTan Kok Quan (Lee & Lee)
Citation[1990] SGHC 54
Defendant CounselDefendant in person (JB Jeyaretnam & Co)
CourtHigh Court (Singapore)
Subject MatterStay of execution,Stay of proceedings,Special circumstances,Strong grounds for appeal,Civil Procedure,Whether ground for granting stay of execution

Cur Adv Vult

By notice of motion which came up for hearing on 17 August 1990 the defendant in this suit applied for an order that all further proceedings and steps to execute a judgment given against him on 3 August 1990 be stayed until the determination of his appeal.

In his supporting affidavit, the defendant referred to the judgment of the High Court on 3 August 1990 by which he was ordered to pay $260,000 in damages for his slander of the plaintiff, together with interest at the rate of 6% pa from 1 September 1988 until judgment.
[See [1990] SLR 688 .] He said that he believed and had been advised that there were substantial merits in his appeal, and he listed a number of grounds which he will repeat in his petition of appeal. He contended that these would constitute the special circumstances required by the court`s decision in Serangoon Garden Estate Ltd v Ang Keng [1953] MLJ 116 .

The successful plaintiff had on previous occasions announced an intention to donate whatever damages he might be awarded to charity, and, although the defendant was not aware that there had been a similar announcement on this occasion, he said that it was clear that the plaintiff was not in any need personally of the award.
The plaintiff therefore could wait for the fruits of his victory, and would not suffer any prejudice if payment of the damages and interest was withheld until after the hearing of the appeal.

The plaintiff, however, the defendant went on to say in his affidavit, had demanded payment of the award by 4pm on 13 August 1990 and had refused to agree to a stay of execution.
The defendant did not have the money readily available to pay the plaintiff as demanded, and he needed some time to raise the money. He had lodged his notice of appeal and he undertook to prosecute the appeal with all haste on his part once the record was supplied to him. He would also ask the court to direct that the appeal be put before the Court of Appeal as early as possible. In amplification of the averments in his affidavit, he submitted at the hearing of his motion that he was prepared to pay something or furnish some acceptable security within three or four weeks, as a condition for a stay. Counsel also cited Syarikat Berpakat v Lim Kai Kok [1983] 1 MLJ 406 and Dickson Trading (S) Pte Ltd v Transmarco Ltd [1989] 2 MLJ 408 .

One aspect of the law regarding such applications is clear: an appeal of itself does not operate as a stay of execution.
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20 cases
  • Cathay Theatres Pte Ltd v LKM Investment Holdings Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 21 Enero 2000
    ... ... In support of his submission Mr Khwaja relied on the following passage in the judgment of Yong Pung How J (as he then was) in the case of Lee Kuan Yew v Jeyaretnam JB [1990] SLR 740 [1991] 1 MLJ 83 : ... In such cases in which an unsuccessful defendant has had a full opportunity to ... ...
  • Lee Sian Hee (trading as Lee Sian Hee Pork Trader) v Oh Kheng Soon (trading as Ban Hon Trading Enterprise)
    • Singapore
    • Court of Appeal (Singapore)
    • 30 Noviembre 1991
    ... ... , and this is entirely in the discretion of the court, the discretion must be exercised in accordance with well established principles ( Lee Kuan Yew v JB Jeyaretnam [1991] 1 MLJ 83 ). First, as a general proposition, the court does not deprive a successful litigant of the fruits of his ... ...
  • Lim Yee Ming v Ubin Lagoon Resort Pte Ltd and Others
    • Singapore
    • High Court (Singapore)
    • 26 Septiembre 2003
    ...discretion grant a stay of execution pending appeal where the special circumstances of the case so require. See Lee Kuan Yew v Jeyaretnam [1990] SLR 740. 6 An instance of a special circumstance justifying a stay of execution is where the judgment creditor may be unable to return the monies.......
  • Government of The State of Sarawak and Another v Chong Chieng Jen
    • Malaysia
    • Court of Appeal (Malaysia)
    • Invalid date
  • Request a trial to view additional results
1 books & journal articles
  • Civil Procedure
    • Singapore
    • Singapore Academy of Law Annual Review No. 2010, December 2010
    • 1 Diciembre 2010
    ...the court, the discretion must be exercised in accordance with well-established principles (Lee Kuan Yew v Jeyaretnam Joshua Benjamin [1990] 1 SLR(R) 772). First, as a general proposition, the court does not deprive a successful litigant of the fruits of his litigation, and lock up funds to......

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