Ong Jane Rebecca v Lim Lie Hoa: Interim Payments, Mareva Injunctions & Third Party Proceedings in Estate Inquiry
In Ong Jane Rebecca v Lim Lie Hoa, the Singapore High Court addressed several summonses-in-chambers related to an inquiry into the assets of the estate of Ong Seng King. The court, presided over by Choo Han Teck JC, dismissed applications for interim payments, finding no basis to speculate on the estate's value before the inquiry's completion. The court also dismissed applications to discharge or vary Mareva injunctions, citing the possibility of substantial sums in the estate under the first defendant's control. However, the court allowed the application to set aside a Third Party Notice, deeming it technically flawed and inappropriate within the inquiry's scope. The court reserved costs to the Registrar.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Various summonses-in-chambers were addressed; most were dismissed, including those for interim payments and to vary Mareva injunctions. The application to set aside the Third Party Notice was allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court judgment on interim payments, Mareva injunctions, and third-party proceedings related to an inquiry into the assets of Ong Seng King's estate.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Jane Rebecca | Plaintiff | Individual | Application for interim payment disallowed | Lost | |
| Lim Lie Hoa | Defendant, Third Party | Individual | Application to discharge Mareva injunction dismissed | Lost | Khoo Boo Jin, Daniel Tan |
| Third and Fourth Defendants | Defendant | Other | Application to stop interim payment redundant, Application to vary Mareva injunctions dismissed | Neutral, Lost | Vinodh S Coomaraswamy, Chua Sui Tong |
| Second Defendant | Defendant | Individual | Application for interim payment disallowed, Third Party Notice set aside | Lost, Won | Arul Chandran, Ooi Oon Tat |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Khoo Boo Jin | Wee Swee Teow & Co |
| Daniel Tan | Wee Swee Teow & Co |
| Arul Chandran | C Arul & Partners |
| Ooi Oon Tat | C Arul & Partners |
| Vinodh S Coomaraswamy | Shook Lin & Bok |
| Chua Sui Tong | Shook Lin & Bok |
4. Facts
- The original dispute concerned the assets of the estate of Ong Seng King.
- Justice Chao Hick Tin ordered an inquiry to determine the assets of the estate and the second defendant's share.
- The plaintiff's interest hinges on half of the second defendant's entitlement to the estate.
- The inquiry was scheduled to commence on 21 October 2002.
- Parties filed eight summonses-in-chambers before the court.
- The plaintiff had previously received interim payments amounting to at least $3,000,000.
- Price Waterhouse Coopers' Interim Report stated that $12,477,556 was due to the second defendant.
5. Formal Citations
- Ong Jane Rebecca v Lim Lie Hoa and Others (No 2), OS 939/1991, SIC 60595/2002,600194/2002,601161/2002,600489/2002,601156/2002,601160/2002,600415/2002,600416/2002, [2002] SGHC 227
6. Timeline
| Date | Event |
|---|---|
| Judgment handed down by Justice Chao Hick Tin | |
| Price Waterhouse Coopers' Interim Report | |
| Mareva injunction imposed by the court | |
| Mareva injunction granted by the court | |
| Mentioned in Judgement | |
| Mentioned in Judgement | |
| Mentioned in Judgement | |
| Mentioned in Judgement | |
| Decision Date | |
| Inquiry scheduled to commence |
7. Legal Issues
- Interim Payments
- Outcome: The court disallowed the applications for interim payments, stating that there was no basis to speculate on the value of the estate before the inquiry.
- Category: Procedural
- Mareva Injunction
- Outcome: The court dismissed the applications to discharge or vary the Mareva injunctions, citing the possibility of substantial sums in the estate under the first defendant's control.
- Category: Procedural
- Third Party Notice
- Outcome: The court allowed the application to set aside the Third Party Notice, deeming it technically flawed and inappropriate within the inquiry's scope.
- Category: Procedural
8. Remedies Sought
- Interim Payments
- Discharge of Mareva Injunction
- Setting Aside of Third Party Notice
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court 1997, O 16 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Inquiry
- Interim Payments
- Mareva Injunction
- Third Party Notice
- Estate
- Assets
- Summonses-in-chambers
15.2 Keywords
- Interim Payments
- Mareva Injunction
- Third Party Notice
- Estate Inquiry
- Civil Procedure
- Singapore High Court
16. Subjects
- Civil Procedure
- Estate Administration
17. Areas of Law
- Civil Procedure
- Trust Law
- Estate Law