Re Phillips Nicholas Addison QC

• Jurisdiction: Singapore
• Judgment Date: 03 April 1979
• Date: 03 April 1979
• Docket Number: Originating Motion No 1 of 1979
• Court: High Court (Singapore)

Re Phillips Nicholas Addison QC

[1979] SGHC 13

A P Rajah J

Originating Motion No 1 of 1979

High Court

Legal Profession–Admission–Ad hoc–Queen's Counsel–Whether complexity of subject matter required admission–Section 18 Legal Profession Act (Cap 217, 1970 Rev Ed)

The applicant sought admission as a Queen's Counsel to argue an appeal in the Court of Appeal. The appeal concerned an alleged breach of agreement concluded in respect of repairs to a ship. The application was opposed by the respondent, the Attorney-General and the Law Society. It was argued that there was sufficient local expertise to handle the matter, and it was not a proper case for the exercise of the court's discretion in favour of the application.

Held, dismissing the application:

The law relating to the formation of ship repair contracts, or damages for such breach, were not of such complexity requiring the admission of the applicant, and this was therefore not a proper case for such admission: at [11] and [12].

Legal Profession Act (Cap 217, 1970 Rev Ed) s 18 (consd)

Tan See Chim (Rodyk & Davidson) for the applicant

JGrimberg (Drew & Napier) for the respondent

K E Hilborne for the Law Society

S Thyagarajan for the Attorney-General.

A P Rajah J

1 This is an application under s 18 of the Legal Profession Act (Cap 217) seeking the admission of a Queen's Counsel of England (“the applicant”) to argue an appeal in the Court of Appeal for the appellants in Civil Appeal No 67 of 1978.

2 The relevant parts of s 18 read as follows:

1. (1) Notwithstanding anything to the contrary contained in this Act the court may for the purpose of any one case admit to practise as an advocate and solicitor any person –

   1. (a) who holds Her Majesty's Patent as Queen's Counsel;

   2. (b) who does not ordinarily reside in Singapore or Malaysia but who has come or intends to come to Singapore for the purpose of appearing in the case; and

   3. (c) who has special qualifications or experience for the purpose of the case.

1. (2) Any person applying to be admitted under the provisions of this section shall do so by originating motion verified by an affidavit of the applicant or of the advocate and solicitor instructing him stating the names of the parties and brief particulars of the case in which the applicant intends to appear and the originating motion and affidavit or affidavits shall be served on the Attorney General, the Society and the other party or parties to the case...