KOH KIEN CHON (GU JIANCONG) & Anor v DING ASSET LTD

[2023] SGCA 24 Court of Appeal 11 August 2023 CA/OA 10/2023 28 min read
14 cases cited Cited by 1 case

Key facts

Court Court of Appeal
Decided
Judges Judith Prakash, Steven Chong
Charges / claim Civil Procedure
Counsel CNPLaw LLP, Jacob Mansur & Pillai, K&L Gates Straits Law LLC, Felicia Tee, Jerrie Tan, Mansurhusain Akbar Hussein, N Sreenivasan, Ravindran s/o Ramasamy, Remesha Chandran Pillai, Shauna Low

Source: [2023] SGCA 24, Court of Appeal, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (2)

Counsel (10)

Parties (6)

Case Significance

Koh Kien Chon and another v Ding Asset Ltd [2023] SGCA 24 is a reserved judgment of the Court of Appeal delivered on 11 August 2023 in Originating Application No 10 of 2023, with Steven Chong JCA delivering the judgment of the court sitting with Judith Prakash JCA. The applicants, Mr Koh Kien Chon (Gu Jiancong) and Koh Yang Kee Pte Ltd, sought permission to appeal against a decision of a Judge in HC/RA 45/2023, which had allowed Ding Asset Ltd's appeal so that HC/OC 265/2022 was to proceed against them rather than being stayed in favour of arbitration in Singapore. The case concerns the principles governing permission to appeal, and the court found that the applicants had not raised any grounds on which permission to appeal should be granted.

[2023] SGCA 24 explained

KOH KIEN CHON (GU JIANCONG) & Anor v DING ASSET LTD ([2023] SGCA 24) is a Singapore judgment decided by the Court of Appeal on 11 August 2023. It is categorised under Civil Procedure. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGCA 24 about?

KOH KIEN CHON (GU JIANCONG) & Anor v DING ASSET LTD ([2023] SGCA 24) is a Court of Appeal decision from 2023. Its published catchwords are “Civil Procedure — Appeals — Permission”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGCA 24 consider?

The judgment refers to Arbitration Act (Cap 10) and International Arbitration Act (Cap 143A). The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2023] SGCA 24 cite?

Among the in-corpus authorities it refers to are [2023] SGHC 48. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

How influential is [2023] SGCA 24?

Within this corpus, [2023] SGCA 24 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

Koh Kien Chon (also known as Ken Koh) and Koh Yang Kee Pte Ltd applied for permission to appeal against a High Court decision that had allowed Ding Asset Ltd's appeal and refused a stay of proceedings in favour of arbitration, so that the underlying claim would proceed against them. The Court of Appeal held that the questions raised did not arise on the facts and that the applicants had shown no grounds for permission to appeal. It dismissed the application and fixed costs at S$8,000.

What was Koh Kien Chon v Ding Asset Ltd [2023] SGCA 24 about?

It was an application by Mr Koh Kien Chon and Koh Yang Kee Pte Ltd for permission to appeal against a High Court decision that allowed Ding Asset Ltd's action to proceed against them rather than be stayed for arbitration, decided by the Court of Appeal on 11 August 2023.

Did the Court of Appeal grant permission to appeal in [2023] SGCA 24?

Steven Chong JCA, sitting with Judith Prakash JCA, held that the applicants had not raised any grounds on which permission to appeal should be granted, in a judgment concerning the principles governing permission to appeal delivered on 11 August 2023.

Statutes Cited

Cases Cited (14)

SG (2)
[2018] SGHC 223 [2023] SGHC 48
SLR (12)
[1993] 2 SLR(R) 208 [1999] 1 SLR(R) 1138 [2004] 2 SLR(R) 494 [2006] 1 SLR(R) 135 [2010] 1 SLR 625 [2016] 1 SLR 373 [2016] 2 SLR 871 [2016] 3 SLR 431 [2020] 3 SLR 1196 [2021] 1 SLR 1288 [2022] 2 SLR 622 [2022] 2 SLR 716

Cited By (1)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Statutes interpreted in this judgment

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGCA 24)