The High Court has ruled that the Teochew-versus-Teochew dispute centred on the Teochew Building be held in open court involving a trial to determine the case.
Senior Judge Andrew Ang allowed the Teochew Poit Ip Huay Kuan's application to convert the current originating summons by The Ngee Ann Kongsi into a writ action, which means the case is heard in an open court involving a wider scope, including witness evidence, if available.
The judge found there was a "substantial dispute of fact likely to arise", which was the bottom line before the court could consider its discretion to convert the originating summons into a writ action.
"There are other procedural advantages in a writ action which makes this case appropriate for conversion," said Senior Judge Ang in decision grounds on Wednesday.
The Ngee Ann Kongsi last year applied for a court order by way of originating summons for the Huay Kuan to yield possession of the 183.5 sq m office space it occupies in the building at 97 Tank Road.
The Huay Kuan, the apex organisation comprising 5,000 Teochew members, had, in turn, claimed the Tank Road building is held on trust for its benefit and seeks a declaration that it is entitled to continue to occupy the Teochew Building.
The Huay Kuan applied to the court to convert the originating summons into a writ action, which The Ngee Ann Kongsi resisted.
The court heard the application in chambers over three days earlier this year, with both parties fronted by heavyweight lawyers.
Senior Counsel Davinder Singh and lawyer Jaikanth Shankar from Davinder Singh Chambers as instructed counsel led a team of lawyers for The Ngee Ann Kongsi, while WongPartnership lawyers led by Senior Counsel Tan Chee Meng and lawyer Josephine Choo defended the Huay Kuan.
Senior Judge Ang, who noted that the Huay Kuan had occupied the building since 1963, held it likely that a substantial dispute of fact will arise in relation to legal claims involved in the rights to use the property.
The judge added that while discovery of documents - seeking relevant evidence from documents - is also available in an originating summons, the discovery obligations on both parties are wider in a writ action, which would enable "a fairer resolution of the dispute".
Senior Judge Ang said The Ngee Ann Kongsi's fears that conversion may "needlessly protract" the proceedings could be addressed by applying for summary judgment or by striking out pleadings and endorsements under prescribed court rules.
The events behind the dispute span more than 100 years involving the history of two of Singapore's most prominent Teochew organisations, noted Senior Judge Ang.
"It is sad to see the two organisations unable to resolve matters amicably, despite what I find to be a clear history of fraternal relations between them," he said.
A spokesman for The Ngee Ann Kongsi said it would review the court's decision together with its lawyers.
"We gave notice since June 28, 2017, for Huay Kuan to vacate the building and regret the matter continues to be dragged through legal proceedings."
The Huay Kuan said yesterday it was happy the court has given each party a chance to tell its side of the story and hopes the matter may be resolved amicably. "We are glad the contents of some important historical records which we provided have been considered by the court in reaching its decision."
- Additional reporting by Tee Zhuo and Yuen Sin
