Lam Soon v Whang: Trade Mark Trust Dispute & Amendment Application

In Lam Soon Oil and Soap Manufacturing Sdn Bhd and Lam Soon (M) Bhd v Whang Tar Choung and Forward Supreme Sdn Bhd, the High Court of Singapore addressed an application by the first defendant, Whang Tar Choung, to amend his defence in a case concerning the ownership of certain trade marks. The plaintiffs, Lam Soon Oil and Soap Manufacturing Sdn Bhd and Lam Soon (M) Bhd, claimed that Whang Tar Choung held the trade marks on trust for them. The court allowed the amendment in respect of one paragraph but dismissed it in respect of the other two paragraphs. Whang Tar Choung appealed against the decision to the extent that it dismisses his application to amend his Defence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application to amend defence allowed in part and dismissed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court decision regarding trade mark ownership and a late application to amend defence. The court dismissed most of the amendment application.

1.7 Decision Date

16 October 2001

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Lam Soon Oil and Soap Manufacturing Sdn Bhd	Plaintiff	Corporation	Application to amend defence allowed in part and dismissed in part.	Neutral	Davinder Singh of Helen Yeo & Partners Harpreet Singh Nehal of Helen Yeo & Partners Philip Jeyaretnam of Helen Yeo & Partners Tan Kok Peng of Helen Yeo & Partners Jamie Yip of Helen Yeo & Partners
Lam Soon (M) Bhd	Plaintiff	Corporation	Application to amend defence allowed in part and dismissed in part.	Neutral	Davinder Singh of Helen Yeo & Partners Harpreet Singh Nehal of Helen Yeo & Partners Philip Jeyaretnam of Helen Yeo & Partners Tan Kok Peng of Helen Yeo & Partners Jamie Yip of Helen Yeo & Partners
Whang Tar Choung	Defendant, Appellant	Individual	Application to amend defence allowed in part and dismissed in part.	Neutral	Kenneth Tan of Kenneth Tan Partnership Kevin Kwek of Kenneth Tan Partnership
Forward Supreme Sdn Bhd	Defendant	Corporation	Application to amend defence allowed in part and dismissed in part.	Neutral	Kenneth Tan of Kenneth Tan Partnership Kevin Kwek of Kenneth Tan Partnership

3. Judges

Judge Name	Title	Delivered Judgment
Lee Seiu Kin	Judicial Commissioner	Yes

4. Counsels

Counsel Name	Organization
Davinder Singh	Helen Yeo & Partners
Harpreet Singh Nehal	Helen Yeo & Partners
Philip Jeyaretnam	Helen Yeo & Partners
Tan Kok Peng	Helen Yeo & Partners
Jamie Yip	Helen Yeo & Partners
Kenneth Tan	Kenneth Tan Partnership
Kevin Kwek	Kenneth Tan Partnership

4. Facts

WTC has trade marks registered in his name.
WTC assigned the trade marks to Forward Supreme on 2000-11-15.
LSOS and LSMB claim WTC held the trade marks on trust for them.
LSOS and LSMB seek transfer of the trade marks to LSMB.
WTC's defence is that the trade marks belonged to him beneficially.
WTC contended that the Plaintiffs used the trade marks in Malaysia under a license granted by him.
WTC applied to amend his defence on the first day of trial.

5. Formal Citations

Lam Soon Oil and Soap Manufacturing Sdn Bhd and Another v Whang Tar Choung and Another, Suit 974/2000/T, SIC 2097/2001, [2001] SGHC 317

6. Timeline

Date	Event
2000-11-17	Plaintiffs filed writ and joint statement of claim.
2000-11-17	Plaintiffs obtained interim injunction.
2000-12-12	WTC applied for action to be stayed or dismissed.
2001-03-15	Selvam J dismissed WTC's application.
2001-03-30	WTC applied to stay proceedings pending appeal.
2001-04-05	WTC and Forward Supreme filed separate defences.
2001-04-20	Stay application dismissed.
2001-08-20	Defendants applied to vacate trial dates.
2001-08-22	Registrar re-fixed trial dates.
2001-08-22	Lai Siu Chiu J dismissed appeal to vacate trial dates.
2001-08-31	Affidavits of evidence-in-chief exchanged.
2001-09-05	Trial started; WTC applied to amend defence.
2001-09-07	Affidavit by WTC's son filed.
2001-10-03	WTC appealed decision to dismiss application to amend defence.
2001-10-17	Decision Date

7. Legal Issues

Amendment of Defence
- Outcome: The court allowed the amendment in respect of one paragraph but dismissed it in respect of the other two paragraphs, considering factors such as undue delay, prejudice to the plaintiffs, and the nature of the proposed amendments.
- Category: Procedural
- Sub-Issues:
  - Undue delay
  - Prejudice to other party
  - Whether the amendment clarifies the issues in dispute
Limitation Act
- Outcome: The court considered the applicability of the Limitation Act in the context of the proposed amendments to the defence, specifically regarding the issues of time bar and laches.
- Category: Substantive
- Sub-Issues:
  - Time bar
  - Laches

8. Remedies Sought

Transfer of Trade Marks

9. Cause of Actions

Breach of Trust

10. Practice Areas

Commercial Litigation
Intellectual Property Litigation

11. Industries

Manufacturing

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Ketteman v Hansel Properties	N/A	Yes	[1987] AC 189	N/A	Cited regarding the difference between amendments to clarify issues and those that permit a distinct defence to be raised for the first time, and the consequences of negligence by lawyers.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Limitation Act	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Trade Marks
Trust
Amendment of Defence
Limitation Act
Laches
Forum non conveniens
Res judicata

15.2 Keywords

trade marks
trust
amendment
defence
limitation
laches

17. Areas of Law

Area Name	Relevance Score
Trademarks	90
Civil Procedure	60
Commercial Disputes	50
Law of Pleadings	50
Contract Law	40
Jurisdiction	40
Estoppel	30
Res Judicata	30
Affidavits	20
Ship Management	10

16. Subjects

Trade Mark Dispute
Civil Procedure
Trust Law
Limitation Law