Cao Pei v McCom Holding Limited

[2025] SGCA 24 Court of Appeal 23 May 2025 • CA/OA 6/2025 • 18 min read

20 cases cited (16 SG, 4 foreign)

Catchwords

Civil Procedure — Extension of time — Whether a solicitor’s mistakes may weigh against a client

Practice Areas

Civil Procedure

Judges (2)

Steven Chong Coram Sundaresh Menon Delivered

Counsel (9)

Gurbani & Co LLC Firm Incisive Law LLC Firm Davis Tan Counsel Respondent George John s/o KM George Counsel Applicant Gerry Zhang Counsel Respondent Govintharasah s/o Ramanathan Counsel Applicant Grace Goh Counsel Respondent Ma Ruiyuan Counsel Respondent Wu Muyu Counsel Respondent

Parties (3)

General Resource Group Pte Ltd Third Party McCom Holding Limited Respondent Cao Pei Applicant

Case Significance

[2025] SGCA 24 is a Court of Appeal decision dated 23 May 2025 concerning Civil Procedure, specifically addressing extension of time. The judgment was delivered by Sundaresh Menon, with Steven Chong on the coram. The case was brought by Cao Pei (applicant) against McCom Holding Limited (respondent). Legal representation was provided by Gurbani & Co LLC and Incisive Law LLC. The judgment cites 20 cases (16 Singapore, 4 foreign) and references 2 statutory provisions, including the Arbitration Act and the International Arbitration Act.

Summary

Cao Pei sought an extension of time to file a Notice of Appeal against a stay of proceedings in favour of arbitration under s 6(2) of the International Arbitration Act. The delay was caused entirely by elementary mistakes of counsel, including failing to file on time and miscommunicating deadlines. The Court of Appeal declined to grant the extension, finding the intended appeal was hopeless on the merits, and directed counsel to show cause why he should not personally bear the costs of the application.

What was decided in [2025] SGCA 24?

[2025] SGCA 24 (Cao Pei v McCom Holding Limited) is a Court of Appeal decision from 23 May 2025 addressing Civil Procedure, specifically extension of time. The judgment was delivered by Sundaresh Menon.

Who were the parties in Cao Pei v McCom Holding Limited?

The applicant in [2025] SGCA 24 was Cao Pei, and the respondent was McCom Holding Limited. Legal representation included Gurbani & Co LLC and Incisive Law LLC. The case was decided on 23 May 2025 in the Court of Appeal.

Which judge decided [2025] SGCA 24?

[2025] SGCA 24 was delivered by Sundaresh Menon in the Court of Appeal on 23 May 2025. Steven Chong also sat on the coram. The case concerned Civil Procedure.

What cases and statutes does [2025] SGCA 24 cite?

[2025] SGCA 24 cites 20 prior decisions, including 4 from foreign jurisdictions. It references Arbitration Act, International Arbitration Act.

Statutes Cited

Arbitration Act (Cap 10)

International Arbitration Act (Cap 143A)

s 6(2)

Cases Cited (20)

SG (1)

[2023] SGHC(A) 5

SLR (15)

[1991] 2 SLR(R) 260 [2000] 2 SLR(R) 926 [2002] 2 SLR(R) 336 [2006] 3 SLR(R) 358 [2008] 1 SLR(R) 757 [2010] 1 SLR 1026 [2010] 4 SLR 534 [2013] 3 SLR 221 [2015] 5 SLR 1104 [2016] 1 SLR 373 [2018] 1 SLR 1 [2018] 1 SLR 544 [2023] 3 SLR 966 [2024] 1 SLR 143 [2025] 3 SLR 933

UK (2)

[1964] 3 All ER 933 [1994] Ch 205

MY (2)

[1965] 1 MLJ 228 [1967] 1 MLJ 79

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGCA 24)