Tng Eng Chye v Chia Kim Chua: Application to Vacate Trial Dates in Trust Monies Dispute

In Tng Eng Chye alias Tng Eng Chye, Robert v Chia Kim Chua and Kong Kai Cheong, the High Court of Singapore, presided over by Judicial Commissioner Amarjeet Singh on 18 January 2000, dismissed the defendants' application to vacate the trial dates. The plaintiff claimed for an account and inquiry regarding trust monies withdrawn by the defendants without his consent. The court found that the defendants had sufficient time to prepare their case and file an amended defense and counterclaim.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Defendants' application to vacate trial dates dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Application to vacate trial dates in a dispute over trust monies withdrawn without consent. The court dismissed the application, citing sufficient time for preparation.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tng Eng Chye alias Tng Eng Chye, RobertPlaintiffIndividualCosts awardedWon
Chia Kim ChuaDefendantIndividualApplication to vacate trial dates dismissedLost
Kong Kai CheongDefendantIndividualApplication to vacate trial dates dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Amarjeet SinghJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
K JayabalanCooma Lau & Loh
Leung Wing WahB T Tan & Company

4. Facts

  1. The Plaintiff claimed for an account and inquiry regarding monies held in trust by the Defendants.
  2. The Defendants allegedly withdrew monies from the trust without the Plaintiff's knowledge and consent.
  3. The Defendants sought to file an amended defense and counterclaim.
  4. The trial dates had already been vacated once before.
  5. The Defendants' Counsel applied to vacate the new trial dates shortly before the trial.
  6. The Registry vacated the trial dates due to the unavailability of a judge.

5. Formal Citations

  1. Tng Eng Chye alias Tng Eng Chye, Robert v Chia Kim Chua and Another, Suit 512/1999, SIC Entered No 7568 of 1999, [2000] SGHC 11

6. Timeline

DateEvent
Trial dates vacated by the trial judge.
Pre-Trial Conference held; new trial dates fixed.
Defendants' Counsel received legal papers from previous solicitors.
Defendants' Counsel appointed and instructed.
Defendants' solicitor's Affidavit dated.
Summons for Directions filed by Defendants' Counsel.
Hearing on Summons for Directions.
Trial dates vacated by the Registry.
Scheduled trial date.
Scheduled trial date.
Appeal filed by the Defendants' solicitors.
Decision date.

7. Legal Issues

  1. Application to Vacate Trial Dates
    • Outcome: The court dismissed the application to vacate the trial dates.
    • Category: Procedural

8. Remedies Sought

  1. Account of monies
  2. Inquiry of monies

9. Cause of Actions

  • Breach of Trust

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Trust monies
  • Vacate trial dates
  • Amended defence
  • Counterclaim
  • Summons for Directions

15.2 Keywords

  • trust
  • monies
  • trial
  • vacate
  • application

17. Areas of Law

Area NameRelevance Score
Civil Procedure70
Trust Law60
Duty to Account50
Evidence Law40
Administrative Law30
Costs30

16. Subjects

  • Civil Litigation
  • Trusts