Wee Soon Kim Anthony v The Law Society of Singapore: Complaint Against Advocates and Solicitors
In Wee Soon Kim Anthony v The Law Society of Singapore, the High Court of Singapore addressed an application by Wee Soon Kim Anthony for a declaration that The Law Society of Singapore should have referred his complaint against Davinder Singh SC and Hri Kumar to the Chairman of the Inquiry Panel. The complaint alleged that Singh and Kumar prepared affidavits containing falsehoods. The court found three complaints baseless but conceded one fell within s 85(1) of the Legal Profession Act. The court granted a limited declaratory order and ordered the plaintiff to pay costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Declaration granted in part; plaintiff to pay costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addressed a complaint by Wee Soon Kim Anthony against Davinder Singh SC and Hri Kumar, regarding alleged falsehoods in affidavits.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wee Soon Kim Anthony | Plaintiff | Individual | Declaration granted in part | Partial | Wee Soon Kim Anthony |
| The Law Society of Singapore | Defendant | Association | Costs awarded | Won | Kenneth Tan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Kew Chai | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wee Soon Kim Anthony | Independent Practitioner |
| Kenneth Tan | Kenneth Tan Kong & Tan |
4. Facts
- The plaintiff lodged a complaint against Davinder Singh SC and Hri Kumar.
- The complaint alleged that Singh and Kumar prepared affidavits containing falsehoods.
- The Law Society initially decided that no misconduct was disclosed.
- The plaintiff sought a declaration that the Law Society should have referred the complaint to the Inquiry Panel.
- The court found that one of the complaints fell within the meaning of section 85(1) of the Legal Profession Act.
- The account opening forms and documents were signed by the plaintiff in Hong Kong.
5. Formal Citations
- Wee Soon Kim Anthony v The Law Society of Singapore, OS 37/2000, [2000] SGHC 159
6. Timeline
| Date | Event |
|---|---|
| Plaintiff and his family began their banking relationship with UBS. | |
| Plaintiff and his family opened a joint account with UBS’s Singapore branch. | |
| Plaintiff and his family opened a joint account with the Hong Kong branch of UBS. | |
| Plaintiff and his family were in a loss position on forex forward contracts. | |
| Plaintiff invested a sum slightly in excess of US$10 million in a Fund established by UBS. | |
| Plaintiff and his family made a number of allegations against UBS and its officers. | |
| UBS AG filed Originating Summons 546 of 1999. | |
| Plaintiff lodged his complaint against DS and HK with the Council of the defendant. | |
| Plaintiff sent copies of all affidavits filed and served in OS 546 of 1999 to the Council. | |
| Director of the defendant stated that no information of misconduct was disclosed in the plaintiff’s letter of complaint. | |
| President of the defendant, George Lim, set out the position of the Law Society. | |
| Decision Date |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found that one of the complaints fell within the meaning of section 85(1) of the Legal Profession Act.
- Category: Substantive
- Sub-Issues:
- Preparation of false affidavit
- Perjury
- Duty of Advocate and Solicitor
- Outcome: The court considered the duty of an advocate and solicitor to verify the truth of an affidavit affirmed by his client.
- Category: Substantive
8. Remedies Sought
- Declaration that the defendant should have referred the letter of complaint to the Chairman of the Inquiry Panel
9. Cause of Actions
- Complaint of professional misconduct
10. Practice Areas
- Professional Misconduct
- Litigation
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tang Liang Hong v Lee Kuan Yew | Court of Appeal | Yes | [1998] 1 SLR 97 | Singapore | Cited regarding the duty of a solicitor to verify the truth of an affidavit affirmed by his client. |
| Re An Advocate & Solicitor | N/A | Yes | (1962) 28 MLJ 125 | N/A | Cited for the principle that the preparation of a false affidavit by a professional is a serious offense. |
| Re Gray, ex p Inc Law Soc | N/A | Yes | [1869] 20 LT 730 | N/A | Cited as an example of a solicitor being disciplined for administration of justice offences. |
| N/A | N/A | Yes | [1953] MLJ 161 | N/A | Cited as an example of a solicitor being found guilty of grossly improper conduct for deliberately arranging for a witness to be kept out of the way. |
| P Suppiah v The Law Society of Singapore | Court of Appeal | Yes | [1986] 1 MLJ 459 | Singapore | Cited regarding the scope of the Council’s role on receipt of a complaint under the Legal Profession Act. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act, Cap 161 | Singapore |
| s 85(1) of the Legal Profession Act, Cap 161 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Professional misconduct
- False affidavit
- Inquiry Panel
- Legal Profession Act
- Council of the Law Society
15.2 Keywords
- Legal Profession Act
- Professional Misconduct
- Advocate and Solicitor
- Law Society of Singapore
- Affidavit
- Falsehood
16. Subjects
- Legal Profession
- Professional Responsibility
17. Areas of Law
- Legal Profession
- Civil Procedure