SW TRUSTEES PRIVATE LIMITED (IN COMPULSORY LIQUIDATION) & Anor v TEODROS ASHENAFI TESEMMA & 5 Ors
Key facts
| Court | High Court (General Division) |
|---|---|
| Decided | |
| Judge | Goh Yihan |
| Charges / claim | Civil Procedure, Limitation of Actions |
| Counsel | Kalco Law LLC, Rajah & Tann Singapore LLP, Salem Ibrahim LLC, Kimberly Ng Qi Yuet, Kong Hui Xin, Annette, Lye Yu Min, Naomi Lim Bao Bao, Ow Yong Wei En James, Salem bin Mohamed Ibrahim, Yap Zhan Ming, Zhu Ming-Ren Wilson |
Source: [2023] SGHC 273, High Court (General Division), decided — eLitigation. Updated .
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Judges (1)
Counsel (11)
Parties (9)
Case Significance
SW Trustees Pte Ltd (in compulsory liquidation) and another v Teodros Ashenafi Tesemma and others [2023] SGHC 273 is a reserved judgment of Goh Yihan JC in the General Division of the High Court, delivered on 29 September 2023 in Suit No 229 of 2021 (Registrar's Appeal No 143 of 2023 and Summons No 2311 of 2023). The sixth defendant appealed against the Assistant Registrar's decision in HC/SUM 1423/2023, which had granted the plaintiffs, SW Trustees Private Limited and Farooq Ahmad Mann, leave to amend their Statement of Claim, with the appeal limited to certain of the allowed amendments. The judgment addresses amendments to pleadings, the postponement of the limitation period, and the adducing of fresh evidence on appeal.
Summary
In a suit by SW Trustees (in compulsory liquidation) and its liquidator against Teodros Ashenafi Tesemma and others, the sixth defendant appealed an Assistant Registrar's grant of leave to amend the statement of claim to add allegations of unlawful means conspiracy, fraudulent concealment and a new conspirator, and applied to admit fresh evidence. Goh Yihan JC allowed both applications, finding the proposed amendments disclosed no reasonable cause of action and were time-barred, with the limitation period not postponed under ss 29(1)(a) or 29(1)(b) of the Limitation Act.
What was SW Trustees Pte Ltd v Teodros Ashenafi Tesemma [2023] SGHC 273 about?
It was the sixth defendant's Registrar's Appeal before Goh Yihan JC, decided on 29 September 2023, against an Assistant Registrar's decision granting the plaintiffs SW Trustees and Farooq Ahmad Mann leave to amend their Statement of Claim.
What issues did [2023] SGHC 273 address?
The judgment considered the sixth defendant's challenge to certain permitted amendments to the plaintiffs' Statement of Claim, alongside the postponement of the limitation period and the adducing of fresh evidence on appeal, in Suit No 229 of 2021.
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2023] SGHC 273)