Ong Jane Rebecca v Lim Lie Hoa: Appeal Against Subpoena in Estate Assets Inquiry
In Ong Jane Rebecca v Lim Lie Hoa, Mr. Tay Swee Sze appealed the High Court's decision to refuse setting aside a subpoena served to him to attend an inquiry regarding the assets of the Estate of Ong Seng King. The High Court dismissed the appeal, finding that the subpoena was not unreasonably issued, as Mr. Tay was the partner-in-charge at Arthur Anderson at the material time.
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 a subpoena served to Mr. Tay Swee Sze, a former partner at Arthur Anderson, to attend an inquiry related to the assets of the Estate of Ong Seng King. The court dismissed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Jane Rebecca | Respondent | Individual | Appeal dismissed | Won | |
| Lim Lie Hoa | Respondent | Individual | Appeal dismissed | Won | |
| Tay Swee Sze | Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Arul Chandran | C Arul & Partners |
| Chandra Mohan | Rajah & Tann |
| Ong Pang Yann | Rajah & Tann |
4. Facts
- Mr. Tay was served with a subpoena ad testificandum and a subpoena duces tecum.
- Mr. Tay was a partner at Arthur Anderson when the court ordered the production of estate assets.
- Arthur Anderson was appointed to review estate documents and prepare a report.
- Mr. Tay was the partner-in-charge of the matter at Arthur Anderson.
- The firm's file was transferred to Mr. Tam Chee Chong, who moved to Deloitte & Touche.
- Mr. Tay argued that no relevant documents were currently in Arthur Anderson's possession.
5. Formal Citations
- Ong Jane Rebecca v Lim Lie Hoa, OS No 939 of 1991, RA No 600087 of 2002, [2002] SGHC 254
6. Timeline
| Date | Event |
|---|---|
| Originating Summons No. 939 of 1991 filed | |
| Judgment ordering production of account of assets of the Estate of Ong Seng King | |
| Arthur Anderson appointed to review documents and records of the Estate | |
| Mr. Tay Swee Sze handed over file to Mr. Tam Chee Chong | |
| Appeal dismissed |
7. Legal Issues
- Setting Aside Subpoena
- Outcome: The court held that the subpoena was not unreasonably issued and dismissed the appeal.
- Category: Procedural
- Sub-Issues:
- Improper motive for issuing subpoena
- Relevance of evidence sought
- Production of Documents
- Outcome: The court found that the documents sought were material and appeared to be admissible.
- Category: Procedural
- Sub-Issues:
- Duty to produce documents
- Admissibility of evidence
8. Remedies Sought
- Setting aside of subpoena
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
- Discovery
11. Industries
- Accounting
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Macmillan Inc. v Bishopgate Investment Management PLC (No. 1) | N/A | No | [1993] 4 All ER 998 | England and Wales | Cited regarding the test for ordering a non-party witness to produce a document in litigation. |
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
- Subpoena ad testificandum
- Subpoena duces tecum
- Inquiry
- Estate assets
- Partner-in-charge
- Material evidence
- Admissible evidence
15.2 Keywords
- subpoena
- witness
- production of documents
- estate assets
- civil procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 90 |
| Production of documents | 80 |
| Subpoena | 70 |
| Evidence Law | 60 |
| Affidavits | 40 |
16. Subjects
- Civil Procedure
- Subpoenas
- Production of Documents
- Witnesses