Lam Soon v Whang: Amendment of Defence, Time Bar, and Laches in Trademark Dispute

In Lam Soon Oil and Soap Manufacturing Sdn Bhd v Whang Tar Choung, the High Court of Singapore addressed an application by the defendant, Whang Tar Choung, to amend his defence on the first day of trial in a trademark dispute. The plaintiffs, Lam Soon Oil and Soap Manufacturing Sdn Bhd and Lam Soon (M) Bhd, sought the transfer of trademarks held by Whang Tar Choung, claiming he held them in trust. The court allowed the amendment in part, permitting the inclusion of a time bar defence but dismissing the inclusion of laches and res judicata. The court cited undue delay and potential prejudice to the plaintiffs as reasons for the partial dismissal.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application allowed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case regarding amendment of defence to include time bar and laches in a trademark dispute. The court allowed the amendment in part.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lam Soon Oil and Soap Manufacturing Sdn BhdPlaintiffCorporationApplication allowed in partPartial
Lam Soon (M) BhdPlaintiffCorporationApplication allowed in partPartial
Whang Tar ChoungDefendant, AppellantIndividualApplication allowed in partPartial
Forward Supreme Sdn BhdDefendantCorporationApplication allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Davinder SinghHelen Yeo & Partners
Harpreet Singh NehalHelen Yeo & Partners
Philip JeyaretnamHelen Yeo & Partners
Tan Kok PengHelen Yeo & Partners
Jamie YipHelen Yeo & Partners
Kenneth TanKenneth Tan Partnership
Kevin KwekKenneth Tan Partnership

4. Facts

  1. The first defendant, Whang Tar Choung, has certain trademarks registered in his name.
  2. On 15 November 2000, Whang Tar Choung assigned the trademarks to the second defendant, Forward Supreme Sdn Bhd.
  3. The plaintiffs claim that Whang Tar Choung was holding those trademarks on trust for them.
  4. The plaintiffs seek to obtain the transfer of the trademarks to Lam Soon (M) Bhd.
  5. In 1987, Whang Tar Choung did not accede to requests to execute a Deed of Assignment assigning the Trademarks to the 2nd Plaintiff.
  6. In October 1999, LSMB commenced an action in the Kuala Lumpur High Court against WTC, LSC and LSOS in respect of the trade marks.
  7. WTC's defence in that suit, filed in January 2000, contained pleas of time bar and laches.

5. Formal Citations

  1. Lam Soon Oil and Soap Manufacturing Sdn Bhd and Another v Whang Tar Choung and Another, Suit 974/2000, SIC 2097/2001, [2001] SGHC 316

6. Timeline

DateEvent
Plaintiffs filed writ and joint statement of claim
Plaintiffs obtained interim injunction
WTC applied for action to be stayed or dismissed
WTC's application dismissed
WTC applied to stay proceedings pending appeal
WTC and Forward Supreme filed separate defenses
Stay application dismissed
Defendants applied to vacate trial dates
Registrar re-fixed the trial dates
Defendants lodged an urgent appeal
Lai Siu Chiu J dismissed the appeal
Affidavits of evidence-in-chief exchanged
Trial started; WTC applied to amend defence
WTC appealed against the decision to dismiss his application to amend his defence
Decision Date

7. Legal Issues

  1. Amendment of Defence
    • Outcome: The court allowed the amendment in part, permitting the inclusion of a time bar defence but dismissing the inclusion of laches and res judicata.
    • Category: Procedural
    • Sub-Issues:
      • Undue delay
      • Prejudice to other party
  2. Time Bar
    • Outcome: The court allowed the defendant to amend his defence to include a plea of time bar under Section 6 of the Limitation Act.
    • Category: Substantive
  3. Laches
    • Outcome: The court refused the defendant's application to amend his defence to include a plea of laches.
    • Category: Substantive

8. Remedies Sought

  1. Transfer of trademarks
  2. Injunction

9. Cause of Actions

  • Breach of Trust
  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • Intellectual Property Litigation

11. Industries

  • Manufacturing

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ketteman v Hansel PropertiesN/AYes[1987] AC 189N/ACited for the principle that amendments clarifying issues are treated differently from those raising distinct defenses for the first time.
Ketteman v Hansel PropertiesN/AYes[1988] 1 All ER 38N/ACited for the principle that amendments clarifying issues are treated differently from those raising distinct defenses for the first time.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Limitation Act (Cap 163, 1996 Ed)Singapore
Section 6 of the Limitation Act (Cap 163)Singapore
Section 22(2) of the Limitation Act (Cap 163)Singapore
Section 21(1)(b) of the Limitation ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Trade marks
  • Amendment of defence
  • Time bar
  • Laches
  • Trust
  • Limitation Act
  • Undue delay
  • Prejudice

15.2 Keywords

  • trademark
  • amendment
  • defence
  • time bar
  • laches
  • trust
  • limitation

17. Areas of Law

Area NameRelevance Score
Limitation80
Civil Practice75
Laches70
Trust Law60
Trade Marks50
Contract Law30
Jurisdiction30
Estoppel25

16. Subjects

  • Civil Procedure
  • Trademark Law
  • Trust Law
  • Limitation Law