Yeoh Poh San v Won Siok Wan: Forum Non Conveniens & Trust over Joint Accounts
In Yeoh Poh San and Another v Won Siok Wan, the High Court of Singapore heard an appeal against the decision to refuse a stay of action. The plaintiffs, Yeoh Poh San and Choo Lee Chin, brought an action against the defendant, Won Siok Wan, alleging misappropriation of trust money from joint accounts held in Singapore. Won applied for a stay of the action on the ground of forum non conveniens, arguing that Malaysia was a more appropriate forum. The High Court dismissed the appeal, finding that Singapore was the most appropriate forum for the determination of the dispute.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding stay of action. Court affirmed decision refusing stay, finding Singapore the appropriate forum for trust claim over joint accounts.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Yeoh Poh San | Respondent | Individual | Appeal dismissed | Won | L Kuppanchetti |
| Choo Lee Chin | Respondent | Individual | Appeal dismissed | Won | L Kuppanchetti |
| Won Siok Wan | Appellant, Defendant | Individual | Appeal dismissed | Lost | Andre Arul |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andre Arul | Arul Chew & Partners |
| L Kuppanchetti | Alban Tay Mahtani & De Silva |
4. Facts
- Won and Choo were joint account holders with Yeoh.
- Won withdrew S$2.5m from the joint accounts.
- Won deposited the withdrawals into her own accounts.
- Yeoh alleged the monies were trust money for his old age.
- Yeoh claimed he was the sole contributor to the accounts.
- Won claimed she was Yeoh's common law wife.
- The joint accounts were opened in Singapore.
5. Formal Citations
- Yeoh Poh San and Another v Won Siok Wan, Suit 12/2002/W, RA 94/2002/Y, [2002] SGHC 196
6. Timeline
| Date | Event |
|---|---|
| Yeoh and Won began living together. | |
| Won traveled to Singapore and withdrew money from joint accounts. | |
| Yeoh married Choo. | |
| Won filed proceedings in Malaysia. | |
| Respondents issued proceedings against Won. | |
| Respondents obtained a mareva injunction. | |
| Won applied to set aside the injunction and for a stay of action. | |
| Appeal heard and decision of Asst. Registrar affirmed. | |
| Won filed Notice of Appeal. | |
| Decision Date |
7. Legal Issues
- Forum Non Conveniens
- Outcome: The court held that Malaysia was not a more appropriate forum and dismissed the appeal.
- Category: Procedural
- Related Cases:
- [1987] AC 460
- [1992] 2 SLR 776
- [1995] 3 SLR 97
- [1998] 1 SLR 253
- [2001] 2 SLR 49
- Breach of Fiduciary Duty
- Outcome: The court did not make a final determination on the breach of fiduciary duty, but considered it as part of the overall assessment of the case.
- Category: Substantive
- Trust
- Outcome: The court considered the issue of whether the monies in the joint accounts were impressed with a trust for the benefit of Yeoh.
- Category: Substantive
- Money Had and Received
- Outcome: The court considered the claim for money had and received as arising in Singapore, the place of receipt.
- Category: Substantive
8. Remedies Sought
- Mareva injunction
- Account
9. Cause of Actions
- Money had and received
- Breach of fiduciary duties
- Account
10. Practice Areas
- Commercial Litigation
- Injunctions
11. Industries
- Banking
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Spiliada Maritime Corporation v Consulex | House of Lords | Yes | [1987] AC 460 | England and Wales | Affirmed and applied the principles governing a stay of proceedings on the ground of forum non conveniens. |
| Brinkerhoff Maritime Drilling Corp & Anor v PT Airfast Services Indonesia & Anor | Court of Appeal | Yes | [1992] 2 SLR 776 | Singapore | Affirmed and applied the principles governing a stay of proceedings on the ground of forum non conveniens. |
| Eng Liat Kiang v Eng Bak Hern | Court of Appeal | Yes | [1995] 3 SLR 97 | Singapore | Affirmed and applied the principles governing a stay of proceedings on the ground of forum non conveniens. |
| Oriental Insurance Co Ltd v Bhavani Stores Pte Ltd | Court of Appeal | Yes | [1998] 1 SLR 253 | Singapore | Affirmed and applied the principles governing a stay of proceedings on the ground of forum non conveniens. |
| PT Hutan Domas Raya v Yue Xiu Enterprises (Holdings) Limited & Anor. | Court of Appeal | Yes | [2001] 2 SLR 49 | Singapore | Re-affirmed the Spiliada approach to forum non conveniens. |
| Hong Kong and Shanghai Banking Corp Ltd v United Overseas Bank Ltd | High Court | Yes | [1992] 2 SLR 495 | Singapore | Cited for the principle that Singapore law is the proper law of the country where enrichment occurred. |
| Kartika Ratna Thahir v PT Pertambangan Minyak dan Gas Bumi Negara (Pertamina) | Court of Appeal | Yes | [1994] 3 SLR 257 | Singapore | Cited for the principle that Singapore law is the proper law of the country where enrichment occurred. |
| Banco Altantico v The British Bank of The Middle East | N/A | No | [1990] 2 Lloyd’s Rep 504 | N/A | Cited for the principle that it is appropriate for the court to form a prima facie view on the governing law at the interlocutory stage. |
| Cordoba Shipping Co. Ltd v National State Bank | N/A | Yes | [1984] 2 Lloyd’s Rep 91 | N/A | Cited for the principle that the place where the breach was committed is prima facie the natural forum. |
| The Hooghly Mills Co Ltd v Seltron Pte Ltd | High Court | Yes | [1995] 1 SLR 773 | Singapore | Cited for the principle that the court is required to consider what forum the issues have the closest connection with. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Forum non conveniens
- Trust
- Joint accounts
- Misappropriation
- Mareva injunction
- Breach of fiduciary duty
- Money had and received
15.2 Keywords
- Forum non conveniens
- trust
- joint accounts
- Singapore
- Malaysia
- banking
- financial dispute
16. Subjects
- Civil Procedure
- Trusts
- Banking
- Forum Non Conveniens
17. Areas of Law
- Civil Procedure
- Conflict of Laws
- Trust Law
- Banking Law