Skading Anne v Yeo Kian Seng

• Jurisdiction: Singapore
• Court: High Court (Singapore)
• Judge: Belinda Ang Saw Ean J
• Judgment Date: 08 March 2005
• Neutral Citation: [2005] SGHC 48
• Citation: [2005] SGHC 48
• Defendant Counsel: Brij Raj Rai and Ramesh Appoo (Just Law LLC)
• Plaintiff Counsel: Wong Chai Kin (Wong Chai Kin)
• Date: 08 March 2005
• Docket Number: MC Suit No 22561 of 2002 (Registrar's
• Published date: 09 March 2005
• Subject Matter: Magistrates’ courts,Plaintiff applying to transfer action commenced in Magistrate's Court to District Court,Courts and Jurisdiction,Value and extent of claim exceeding Magistrate's Court's monetary limit,Order 89 r 4 Rules of Court (Cap 322, R 5, 2004 Rev Ed), ss 53, 69 Subordinate Courts Act (Cap 321, 1999 Rev Ed),Whether plaintiff entitled to transfer

8 March 2005 Judgment reserved.

Belinda Ang Saw Ean J:

1 This appeal, which concerns the transfer of proceedings from the Magistrate’s Court to the District Court, involves matters of procedure that are of general interest. On 7 August 2002, the plaintiff commenced proceedings in the Magistrate’s Court in respect of her claim for damages for personal injuries sustained on 8 August 1999 as a pillion rider on the defendant’s motorcycle. On 14 July 2004, the plaintiff applied for her action to be transferred from the Magistrate’s Court to the District Court on the ground that the value and extent of her claim for damages were likely to exceed the Magistrate’s Court monetary limit of $60,000. On 9 November 2004, the district judge affirmed the decision of the deputy registrar who, on 7 September 2004, allowed the plaintiff’s application. The defendant has appealed against the decision of the district judge.

2 Both sides drew my attention to two opposing High Court decisions on the very same narrow point that is now on appeal. They are Tan Kok Ing v Tan Swee Meng [2003] 1 SLR 657 (“Tan Kok Ing”) and Rightrac Trading v Ong Soon Heng [2003] 4 SLR 505 (“Rightrac”). In both cases, the respective actions were commenced in the Magistrate’s Court and a transfer of proceedings to the District Court was duly sought on account of an increase in the quantum of the claim beyond the monetary limit of the Magistrate’s Court, which is, currently, $60,000.

3 Counsel for the plaintiff, Ms Wong Chai Kin, argues that Rightrac should be followed whereas the defendant favours Tan Kok Ing. I gather from counsel for the defendant, Mr Brij Rai, that the deputy registrar and district judge, when faced with two conflicting decisions of courts of co-ordinate jurisdiction, applied the general rule of stare decisis and followed Rightrac, a later decision which had considered Tan Kok Ing: see Minister of Pensions v Higham [1948] 2 KB 153.

4 It is convenient to refer to ss 53 and 69 of the Subordinate Courts Act (Cap 321, 1999 Rev Ed) (“SCA”) and O 89 r 4(1) of the Rules of Court (Cap 322, R 5, 2004 Rev Ed). Section 53 provides:

A Magistrate’s Court may, either of its own motion or on the application of a party to an action, transfer the action to a District Court on the ground that some important question of law or fact is likely to arise.

Section 69 reads:

(1) The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act (Cap. 322) may make Rules of Court regulating and prescribing the procedure and the practice to be followed in the District Courts and the Magistrates’ Court in the exercise of their civil jurisdiction and any matters incidental to or relating to any such procedure or practice.

…

(3) Without prejudice to the generality of subsections (1) and (2), the power to make Rules of Court shall extend to —

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(b) prescribing the circumstance and procedure by which proceedings may be transferred from one court to another;

…

Order 89 r 4(1) reads:

Where a Subordinate Court is satisfied that any proceedings in that Court ought to be tried in some other Subordinate Court, it may order the proceedings to be transferred to the other Court.

5 In Tan Kok Ing, Woo Bih Li JC (as he...