Hii Yii Ann & Anor v Tiong Thai King & Anor

Case Significance

Hii Yii Ann and another v Tiong Thai King and another and another matter [2024] SGHC(I) 21 was a decision of the Singapore International Commercial Court delivered by Thomas Bathurst IJ on 10 July 2024, with judgment reserved after the hearing on 21 March 2024 (Originating Application No 15 of 2023, Summons No 1 of 2024). By a summons filed on 5 January 2024, the second defendant, Everrise Cooperation Pte Ltd, sought orders striking out the entirety of the counterclaim brought against it in the defence and counterclaim of the first defendant, Mr Tiong Thai King, dated 15 June 2023.

As set out in the judgment, the claimants, Mr Hii Yii Ann and Alliance Lumber (PNG) Limited, had brought proceedings in the main action against the first and second defendants arising out of a dispute concerning an agreement dated 3 November 2018 (the "Logging Agreement"). The Logging Agreement provided for the first defendant to fell and extract logs from an area designated TP 10-01 in Papua New Guinea, with the proceeds to be applied to pay an agreed contractor's fee. The catchword identifies the issue as Civil Procedure — Striking out. The defendants were represented by counsel including Mr Ong Boon Hwee William and Mr Nicholas Kam Xuan Wei of Allen & Gledhill LLP, and counsel from Pointer LLC including Mr Su Jin Chandran.