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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
15 SAcLJ Matrimonial Assets and the 3 rd Party 291 case. After that decision is made, the court will proceed to hear the other matter immediately thereafter. The witnesses called and the affidavits of evidence in chief filed will only address those issues in respect of that second matter. Pinsler has observed that the process of successive hearings is administratively convenient and saves the witnesses, who are involved in two or more actions, the expense of having to attend court on two or more separate occasions 120 . 6.4.1.3 Order for Stay 197 However, as stated earlier, the court may also order one of the matters (usually the ancillary matters) to be stayed until the other is determined 121 (“order for stay”). In the order for stay situation: (a) Hearing dates for the first matter would be fixed first. Only after the first matter is disposed of would parties then apply for a second set of hearing dates for the second matter. (b) The affidavits to be filed in respect of the second matter would usually be held back, pending the outcome of the first matter. All other steps to be taken to prepare for the hearing of the second matter (interlocutory applications, for example) would also be stayed until the first matter is disposed of. 198 If the matters are ordered to be tried in immediate succession, however, preparations for the hearing of both matters would proceed concurrently. The same set of hearing dates will be given for both matters. 199 This means that in order for stay situations, witnesses and parties would have to attend court on at least two separate occasions, and the time taken for all matters to be finally disposed of would be longer than if the matters were ordered to be tried in immediate succession. 200 It is submitted that an order for stay would be more appropriate than an order that the matters be tried in immediate succession if the factors in Section 6.1 (a)-(d) were not present, and (i) the preparation (in 120 See Singapore Court Practice 2003, Jeffrey Pinsler at p 74. 121 For an example of where this was done, see the case of Leong Choon Kum (m.w.) v Chia Kin Tuck, supra, where the Family Court ordered the ancillary matters proceedings stayed until a certain date, when a High Court suit involving the husband and wife would have been disposed of. (Family Court judgment dated 22 August 2000) On appeal, however, the High Court ordered that the High Court suit be transferred down to the Family Court. (See Section 6.4.2.2).
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