Anwar Siraj v Ting Kang Chung John: Application to Convert Originating Summons to Writ of Summons Dismissed

In Anwar Siraj and Khoo Cheng Neo Norma v Ting Kang Chung John and Teo Hee Lai Building Construction Pte Ltd, the High Court of Singapore heard an appeal by the plaintiffs against the Assistant Registrar's decision to disallow their application to convert Originating Summons OS1231/2008/W into a writ of summons. The plaintiffs sought this conversion to address an alleged fraud and a substantial dispute of facts in their dispute with the second defendant, Teo Hee Lai Building Construction Pte Ltd, regarding the construction of their house, where the first defendant, Ting Kang Chung John, was the arbitrator. Justice Andrew Ang dismissed the plaintiffs' appeal, finding no substantial dispute of facts and ordered costs to be paid to the defendants.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiffs' appeal dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court dismissed the plaintiffs' application to convert an originating summons to a writ of summons, finding no substantial dispute of facts.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Anwar SirajPlaintiff, AppellantIndividualAppeal dismissedLost
Teo Hee Lai Building Construction Pte LtdDefendant, RespondentCorporationJudgment for DefendantWon
Khoo Cheng Neo NormaPlaintiff, AppellantIndividualAppeal dismissedLost
Ting Kang Chung JohnDefendant, RespondentIndividualJudgment for DefendantWon

3. Judges

Judge NameTitleDelivered Judgment
Andrew AngJudgeYes

4. Counsels

Counsel NameOrganization
S ThulasidasLing Das & Partners
Ng YuenMalkin & Maxwell LLP

4. Facts

  1. Plaintiffs and the Contractor entered into arbitration proceedings.
  2. John Ting was the arbitrator in the arbitration proceedings.
  3. Plaintiffs sought to set aside the arbitration award.
  4. Plaintiffs filed Summons No 4814 of 2008 seeking consolidation and conversion to writ action.
  5. Plaintiffs alleged fraud and substantial dispute of facts.
  6. The Court of Appeal ordered consolidation of Originating Summons Nos 1807 of 2006 and 1231 of 2008.

5. Formal Citations

  1. Anwar Siraj and Another v Ting Kang Chung John and Another, OS 1231/2008, RA 470/2008, [2009] SGHC 129

6. Timeline

DateEvent
Originating summons filed by the plaintiffs.
Plaintiffs filed Summons No 4814 of 2008.
Hearing for prayers 1 to 4, 6 and 7 set out in Summons No 4814 of 2008.
Parties returned, first plaintiff maintained the position that the matter should have been converted into a writ action.
Judgment delivered.

7. Legal Issues

  1. Conversion of Originating Summons to Writ of Summons
    • Outcome: The court dismissed the application to convert the originating summons to a writ of summons.
    • Category: Procedural
    • Sub-Issues:
      • Substantial dispute of facts
      • Allegation of fraud

8. Remedies Sought

  1. Setting aside of the arbitration award
  2. Referral of disputes to the courts
  3. Conversion of originating summons to writ of summons

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation
  • Arbitration

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Anwar Siraj v Ting Kang Chung JohnHigh CourtYes[2009] SGHC 71SingaporeCited for the decision on prayer 5 of Summons No 4814 of 2008.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Originating summons
  • Writ of summons
  • Arbitration
  • Fraud
  • Consolidation
  • Arbitration award

15.2 Keywords

  • Originating Summons
  • Writ of Summons
  • Arbitration
  • Singapore High Court
  • Civil Procedure

17. Areas of Law

Area NameRelevance Score
Civil Practice75
Arbitration60
Breach of Contract30
Contract Law25
Commercial Disputes20

16. Subjects

  • Civil Procedure