LUM OOI LIN v HYFLUX LTD (IN COMPULSORY LIQUIDATION) & 4 Ors

[2023] SGCA 43 Court of Appeal 30 November 2023 CA/CA 30/2023 23 min read
16 cases cited (3 SG, 13 foreign)

Key facts

Court Court of Appeal
Decided
Judges Belinda Ang Saw Ean, Steven Chong, Sundaresh Menon
Charges / claim Civil Procedure
Counsel Davinder Singh Chambers LLC, Kenneth Tan Partnership, Tan Kok Quan Partnership, Gitta Priska Adelya, Jaikanth Shankar, Kenneth Tan, Leong Qianyu, Ng Ka Luon Eddee, Rajvinder Singh Chahal, Sambhavi Rajangam, Sheiffa Safi Shirbeeni, Stella Ng Yu Xin, Teo Jin Yun Germaine

Source: [2023] SGCA 43, Court of Appeal, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (13)

Parties (6)

Case Significance

LUM OOI LIN v HYFLUX LTD (IN COMPULSORY LIQUIDATION) & 4 Ors [2023] SGCA 43 is a judgment of the Court of Appeal, delivered by Belinda Ang Saw Ean JCA on 30 November 2023, with Sundaresh Menon CJ and Steven Chong JCA on the coram, following a hearing on 25 July 2023. The appeal, Civil Appeal No 30 of 2023, concerned an order for security for costs made in RA 42 of 2023 in the form of a joint undertaking furnished by the respondents' litigation funder's parent company and its Singapore-incorporated subsidiary. Permission to appeal had been granted by the Appellate Division in OA 33 of 2023, which framed two questions of law on the principles governing the forms of security the court can order. Respondents included Hyflux Ltd, Hydrochem (S) Pte Ltd and Tuaspring Pte Ltd, and the case cites 16 authorities.

[2023] SGCA 43 explained

LUM OOI LIN v HYFLUX LTD (IN COMPULSORY LIQUIDATION) & 4 Ors ([2023] SGCA 43) is a Singapore judgment decided by the Court of Appeal on 30 November 2023. It is categorised under Civil Procedure. It is a recent decision; within this corpus no later judgment has cited it yet. 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 43 about?

LUM OOI LIN v HYFLUX LTD (IN COMPULSORY LIQUIDATION) & 4 Ors ([2023] SGCA 43) is a Court of Appeal decision from 2023. Its published catchwords are “Civil Procedure - Appeals - Leave” and “Civil Procedure - Costs - Security”, 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 43 consider?

The judgment refers to Supreme Court of Judicature Act (Cap 322). The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2023] SGCA 43 cite?

Among the in-corpus authorities it refers to are [2023] SGHC 113. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

Summary

Lum Ooi Lin appealed to the Court of Appeal against a High Court decision ordering security for costs in the form of a joint undertaking by the respondents' litigation funder's parent company and its Singapore subsidiary, in proceedings involving Hyflux Ltd and related companies in liquidation. The appeal concerned the principles governing the court's discretion over the form of security for costs. The court affirmed the applicable principles and dismissed the appeal with costs fixed at $25,000.

What was Lum Ooi Lin v Hyflux Ltd [2023] SGCA 43 about?

It was a Court of Appeal decision delivered by Belinda Ang Saw Ean JCA on 30 November 2023 concerning security for costs ordered in RA 42 of 2023, provided through a joint undertaking by the respondents' litigation funder's parent company and a Singapore subsidiary.

Which judges heard Lum Ooi Lin v Hyflux [2023] SGCA 43?

The Court of Appeal coram comprised Sundaresh Menon CJ, Steven Chong JCA and Belinda Ang Saw Ean JCA, who delivered the judgment on 30 November 2023 after hearing the appeal on 25 July 2023 in Civil Appeal No 30 of 2023.

Statutes Cited

Cases Cited (16)

SG (2)
[2021] SGHC 292 [2023] SGHC 113
SLR (1)
[2022] 2 SLR 1385
UK (5)
[1984] 1 WLR 1334 [2001] EWCA Civ 1917 [2013] EWHC 658 [2021] EWCA Civ 565 [2022] EWHC 141
AU (8)
[2004] WASC 52 [2009] VSC 97 [2013] NSWSC 1366 [2014] NSWCA 81 [2016] VSC 401 [2017] VSCA 293 [2018] NSWSC 746 [2021] VSC 609

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 43)