DEVIN JETHANAND BHOJWANI & 2 Ors v JETHANAND HARKISHINDAS BHOJWANI

[2023] SGHC 128 High Court (General Division) 5 May 2023 HC/S 521/2021 ( HC/SUM 1169/2023,HC/SUM 1168/2023 ) 19 min read
10 cases cited (9 SG, 1 foreign)

Outcome

Appeal dismissed

the appeal was dismissed (should the appeal be dismissed).

Source: [2023] SGHC 128, High Court (General Division), decided 5 May 2023. Read directly from the judgment.

Key facts

Court High Court (General Division)
Decided
Judge Goh Yihan
Charges / claim Civil Procedure
Outcome Appeal dismissed
Counsel Damodara Ong LLC, Robertson Chambers LLC, TSMP Law Corporation, Brenan Mah Zhi Xian, Darius Malachi Lim Wen Hong, Koh Li Qun Kelvin, Lim Dao Yuan Keith, Nguyen Vu Lan, Ong Ziying Clement, Suresh s/o Damodara, Tan Li-Chern Terence, Thio Shen Yi, Uday Duggal

Source: [2023] SGHC 128, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (13)

Parties (7)

Case Significance

Devin Jethanand Bhojwani and others v Jethanand Harkishindas Bhojwani (Shankar's Emporium (Pte) Ltd and others, non-parties) [2023] SGHC 128 is a grounds of decision of Goh Yihan JC in the General Division of the High Court, delivered on 5 May 2023 following a hearing on 3 May 2023 in Suit No 521 of 2021 (Summonses Nos 1168 and 1169 of 2023). By SUM 1168 the non-party "Live Companies" and by SUM 1169 the defendant applied to stay the execution of discovery orders made in HC/SUM 462/2023 and HC/SUM 463/2023, pending the determination of their applications for permission to appeal against those orders. The applications, brought under O 45 r 11 or O 92 r 4 of the Rules of Court 2014, raised issues of civil procedure on discovery and stays of execution.

[2023] SGHC 128 explained

DEVIN JETHANAND BHOJWANI & 2 Ors v JETHANAND HARKISHINDAS BHOJWANI ([2023] SGHC 128) is a Singapore judgment decided by the High Court (General Division) on 5 May 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] SGHC 128 about?

DEVIN JETHANAND BHOJWANI & 2 Ors v JETHANAND HARKISHINDAS BHOJWANI ([2023] SGHC 128) is a High Court (General Division) decision from 2023. Its published catchwords are “Civil Procedure — Discovery” and “Civil Procedure — Appeals — Appealing against discovery orders — Whether stay of execution should be granted in respect of the discovery orders”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC 128 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.

Summary

In a breach of trust suit by three beneficiaries against their father as trustee of a family trust holding shares in the "Live Companies" of Shankar's Group, the defendant and the non-party companies applied to stay execution of earlier discovery orders pending applications for permission to appeal. The court considered whether stays were warranted under Order 45 rule 11 or Order 92 rule 4 of the Rules of Court 2014. It allowed both applications, granting the stays on the basis of Order 45 rule 11.

What did the court consider in Devin Jethanand Bhojwani v Jethanand Harkishindas Bhojwani [2023] SGHC 128?

Goh Yihan JC heard the non-parties' and the defendant's applications to stay execution of discovery orders made in HC/SUM 462/2023 and HC/SUM 463/2023, pending their applications for permission to appeal. The grounds of decision were delivered on 5 May 2023.

On what basis were the stay applications brought in [2023] SGHC 128?

The applications to stay execution of the discovery orders were brought on the alternative grounds of Order 45 rule 11 or Order 92 rule 4 of the Rules of Court 2014, pending determination of the applications for permission to appeal.

Statutes Cited

Cases Cited (10)

SG (1)
[2019] SGHC 248
SLR (8)
[1991] 2 SLR(R) 869 [1999] 1 SLR(R) 1053 [2001] 2 SLR(R) 821 [2003] 2 SLR(R) 353 [2015] 2 SLR 578 [2015] 3 SLR 665 [2015] 5 SLR 1032 [2021] 2 SLR 584
UK (1)
[1977] QB 881

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] SGHC 128)