Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
Miscellaneous
128
At various points, the plaintiff referred to my earlier decision in these
proceedings, in which I declined to strike out the Plaintiff’s claim in SUM 428.
My findings in that decision were, of course, subject to the appropriate standard
at that stage, namely, that there was a triable issue which warranted the matter
proceeding to trial. Those findings did not control my determination at the close
of proceedings, even with a submission of no case to answer being made.
129
The point of the determination in SUM 428 was to determine if there
was enough before the court to warrant a trial; a finding that the prima facie
standard was met on the material before the Court at the interlocutory stage did
not necessarily indicate that a prima facie standard had been met at trial to
warrant a finding for the plaintiff. One clear difference is that following the
submission of there being no case to answer, the plaintiff’s evidence would have
been tested in the cross-examination; it is entirely possible that sufficient doubt
about the evidence may be raised through such questioning that a prima facie
case is not made out. I would thus generally caution parties against seeking to
blithely rely on determinations at an interlocutory stage as somehow wholly
determinative of the outcome for the substantive proceeding.
Conclusion
130
Given the entirety of the evidence placed before me, the defendant is to
pay the plaintiff the sum of S$133,000.
131
I will deal with the matter of costs separately.
Aedit Abdullah
Judge of the High Court
68
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