LOKE WEI SUE v PAUL JEYASINGHAM EDWARDS
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Case Significance
Loke Wei Sue v Paul Jeyasingham Edwards [2024] SGHC 45 was a decision of the General Division of the High Court in Originating Application No 1021 of 2023, with Valerie Thean J delivering grounds of decision on 20 February 2024 after hearings on 22 November 2023 and 11 January 2024. The matter concerned an application under section 73C of the Supreme Court of Judicature Act 1969 for an extended civil restraint order against a litigant persistently re-litigating final and unappealable decisions. The judgment explained that section 73C came into force on 1 January 2019 as part of a civil restraint order regime introduced through the Supreme Court of Judicature (Amendment No 2) Act 2018, giving courts three orders of escalating scope: the limited civil restraint order under section 73B, the extended civil restraint order under section 73C, and the general civil restraint order under section 73D.
Summary
In this matter before the General Division of the High Court, Ms Loke Wei Sue applied under section 73C of the Supreme Court of Judicature Act for an extended civil restraint order against Mr Paul Jeyasingham Edwards, a former tenant of her property, seeking to restrain him for two years from commencing actions relating to his previous tenancy and the various suits arising from it. The issue concerned vexatious litigants persistently re-litigating final and unappealable decisions and whether to grant an extended civil restraint order. The court found both elements of the inquiry established and granted the order for the maximum duration of two years, restraining the respondent from commencing actions concerning matters touching upon the tenancy without the court's permission, and ordered him to pay costs fixed at $16,000 including disbursements.
What is an extended civil restraint order under section 73C of the SCJA?
As described in Loke Wei Sue v Paul Jeyasingham Edwards [2024] SGHC 45, the extended civil restraint order under section 73C of the Supreme Court of Judicature Act 1969 is one of three civil restraint orders that empower courts to address vexatious litigants who persistently re-litigate final, unappealable decisions.
When did Singapore's civil restraint order regime take effect?
According to [2024] SGHC 45, section 73C of the Supreme Court of Judicature Act 1969 came into effect on 1 January 2019, introduced through the Supreme Court of Judicature (Amendment No 2) Act 2018 to give courts greater flexibility in dealing with vexatious litigants.
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC 45)