Tee Than Song Construction Company Ltd v Kwong Kum Sun Glass Merchant

JurisdictionSingapore
CourtFederal Court (Singapore)
Judgment Date04 July 1967
Date04 July 1967
Docket NumberCivil Appeal No Y20 of 1967

[1967] SGFC 15

Federal Court

Wee Chong Jin CJ

,

Tan Ah Tah FJ

and

F A Chua J

Civil Appeal No Y20 of 1967

Tee Than Song Construction Co Ltd
Plaintiff
and
Kwong Kum Sun Glass Merchant
Defendant

Lee Heng Yong (DG Ironside) for the appellant/defendant

C F J Ess (RCH Lim & Co) for the respondent/plaintiff.

Bozson v Altricham Urban District Council [1903] 1 KB 547 (folld)

Egerton v Shirley [1945] 1 KB 107 (refd)

Salaman v Warner [1891] 1 QB 734 (refd)

Standard Discount Co Ltd v La Grange (1877) 3 CPD 67 (refd)

Federal Court (Civil Appeals) Transitional Rules 1963

Rules of the Supreme Court1934 , TheO XIV

Courts of Judicature Act1964 (Act 7 of 1964) (M'sia) s68 (2) (consd)

Civil Procedure–Summary judgment–Whether order granting leave to sign final judgment was an interlocutory or final order–Section 68 (2) Courts of Judicature Act 1964 (Act 7 of 1964) (M'sia)

The plaintiff/respondent brought an action against the defendant/appellant for work done and materials supplied. The respondent applied for summary judgment under O XIV and obtained leave to enter final judgment. The appellant's appeal to a judge in chambers against the order granting summary judgment was dismissed.

The appellant then applied ex parte to the High Court for leave to appeal to the Federal Court against the order dismissing the appeal. The High Court granted the application, but subsequently set aside its order at the application of the respondent, on the ground that it lacked jurisdiction to make such an order. The appellant appealed to the Federal Court against this order. The appellant contended that an order granting summary judgment under O XIV was an interlocutory order, and pursuant to s 68 (2) of the Courts of Judicature Act 1964 (Act 7 of 1964) (M'sia), leave had to be obtained from the court before an appeal could lie against the order. The sole question before the Federal Court was whether the order granting leave to sign final judgment was an interlocutory order or a final order.

Held, dismissing the appeal:

(1) To determine whether a judgment or order is an “interlocutory order” within the meaning of s 68 (2) of the Courts of Judicature Act 1964, the true test is whether the judgment or order finally disposes of the rights of the parties. If it does, it is a final order. If it does not, it is an interlocutory order: at [9].

(2) An order granting leave to sign final judgment under O XIV is not an interlocutory order because...

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7 cases
  • Aberdeen Asset Management Asia Ltd and Another v Fraser & Neave Ltd and Others
    • Singapore
    • Court of Three Judges (Singapore)
    • 11 October 2001
    ...(refd) Strathmore Group Ltd v A M Fraser [1992] 2 AC 172 (distd) Tee Than Song Construction Co Ltd v Kwong Kum Sun Glass Merchant [1965-1967] SLR (R) 681; [1965-1968] SLR 230 (folld) Thomson Plaza Pte Ltd v Liquidators of Yaohan Department Store Pte Ltd [2001] 2 SLR (R) 246; [2001] 3 SLR 24......
  • Ruby Investment (Pte) Ltd v Candipark Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 8 August 1989
    ...2 Ch 656 (folld) Salaman v Warner [1891] 1 QB 734 (not folld) Tee Than Song Construction Co Ltd v Kwong Kum Sun Glass Merchant [1965-1967] SLR (R) 681; [1965-1968] SLR 230 (folld) White v Brunton [1984] QB 570 (not folld) Rules of the Subordinate Courts1986O 27r 3, O 55r 1 (5) (consd);O 55r......
  • Rank Xerox (Singapore) Pte Ltd v Ultra Marketing Pte Ltd
    • Singapore
    • Court of Three Judges (Singapore)
    • 5 December 1991
    ...[1962] MLJ 330 (folld) Salaman v Warner [1891] 1 QB 734 (refd) Tee Than Song Construction Co Ltd v Kwong Kum Sun Glass Merchant [1965-1967] SLR (R) 681; [1966-1968] SLR 230 (folld) White v Brunton [1984] 1 QB 570 (folld) Supreme Court of Judicature Act (Cap 322, 1985 Rev Ed)s 34 (2) (consd)......
  • Lim Chi Szu Margaret and Another v Risis Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 31 October 2005
    ...Processes Ltd [1997] 1 WLR 1538; [1997] 4 All ER 840 (not folld) Tee Than Song Construction Co Ltd v Kwong Kum Sun Glass Merchant [1965-1967] SLR (R) 681; [1965-1968] SLR 230 (refd) Thomson Plaza (Pte) Ltd v Liquidators of Yaohan Department Store Pte Ltd [2001] 2 SLR (R) 246; [2001] 3 SLR 2......
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