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290
Singapore Academy of Law Journal (2003)
evidence led in one action would be treated as having been led in all
other actions…In such trials of several actions, which involve common
issues of fact and the same questions of law, the preparation of the
opening statements, list of issues, list of propositions of law and bundle
of documents in accordance with the Practice Directions should again
be approached on a combined basis wherever practicable and
convenient. In such trials, a trial judge also encourages a common core
bundle of documents for ease of reference and in the interest of a speedy
trial.” (per Lai Kew Chai J, Lee Kuan Yew v Tang Liang Hong & Anor
and other actions (3), at paragraph 5)
194 In the light of the foregoing, it is submitted that the key to
deciding whether the civil suit should be consolidated with the ancillary
matters or merely ordered to be tried at the same as the ancillary matters
is the number of parties (aside from the husband and wife) who are
involved in the civil suit, the extent to which they have each obtained
separate legal representation, and how far advanced the civil suit is—
which would indicate how much work has been done thus far by the
various parties’ lawyers, and the legal costs incurred.
195 If there is no need for the civil suit and the ancillary matters to
be consolidated or tried at the same time, the court may order the matters
to be tried in immediate succession, usually before the same judge. This
would usually be in a situation where: (i) the issues must be dealt with
discretely—i.e. where the outcome in the first matter would affect the
decision in the second matter in such a way that it would not be possible
to hear the second matter without knowing the outcome in the first
matter; or (ii) where the issues may be dealt with discretely, and factor
(c) in Section 6.1 (i.e. common witnesses in both matters) above is
present, but not factors (a), (b) and (d) (i.e. common issues of law and
fact, and a close connection between the 3 rd party issue and the ancillary
matters such that the court dealing with the civil suit must be appraised
of the ancillary matters, and vice versa).
196 When the matters are consolidated or tried at the same time, each
witness giving evidence will give evidence of, and be cross-examined
(where applicable) on all the issues raised in the civil suit as well as the
ancillary matters proceedings. The affidavits of evidence in chief will be
drafted to reflect this. One judgment will be written covering both
matters. In the Shi Fang case, this is what took place (see Section 6.1
above). Where the matters are tried in succession, then, strictly speaking,
the witnesses called and the affidavits of evidence in chief filed in
respect of the first matter should only be in relation to the issues arising
in the first matter. A decision will then be made in respect of the first