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

[2023] SGCA 24 Court of Appeal 11 August 2023 CA/OA 10/2023
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)

Ding Asset Ltd Respondent
Koh Yang Kee Pte Ltd Applicant
Yang Kee Logistics (Singapore) Pte Ltd Defendant
Yang Kee Logistics Pte Ltd (in receivership) Defendant
Koh Kien Chon (Gu Jiancong) Applicant
Koh Yang Kee Defendant

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.

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 on the same subject, most closely matched first.

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)