Wee Soon Kim Anthony v UBS AG: Amendment of Statement of Claim During Trial

In Wee Soon Kim Anthony v UBS AG, the High Court of Singapore, on 6 June 2003, refused the plaintiff's application to amend his statement of claim for the fourth time during the trial. The plaintiff, a client of UBS AG, alleged losses from foreign exchange transactions and the Dynamic Floor Fund. The court, presided over by Justice Kan Ting Chiu, found that the proposed amendments introduced new facts and would not shorten the trial, emphasizing the need for efficient case disposal. The application was dismissed with costs to the defendant.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's application to amend his statement of claim was dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Plaintiff's application to amend the statement of claim during trial was refused due to late timing and introduction of new facts. The court emphasized efficient case disposal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Wee Soon Kim AnthonyPlaintiffIndividualApplication DismissedLostLim Chor Pee, M Rani
UBS AG (No 2)DefendantCorporationWonWonHri Kumar

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Lim Chor PeeLim Chor Pee & Partners
M RaniLim Chor Pee & Partners
Hri KumarDrew & Napier LLC

4. Facts

  1. Plaintiff sought to amend his statement of claim for the fourth time during trial.
  2. The plaintiff's counsel discharged herself after the first tranche of hearing.
  3. The proposed amendments sought to delete large portions of the existing statement of claim and introduce new portions.
  4. The court found that the proposed amendments introduced new facts and would not shorten the trial.
  5. The plaintiff did not explain the late application to make substantial amendments.

5. Formal Citations

  1. Wee Soon Kim Anthony v UBS AG (No 2), Suit 834/2001, SIC 2632/2003, Wee Soon Kim Anthony v UBS AG (No 2)[2003] SGHC 125

6. Timeline

DateEvent
Action filed
Statement of claim amended
Statement of claim amended
Hearing began
Statement of claim amended
Hearing adjourned
Plaintiff applied to amend his statement of claim
Application to amend statement of claim refused
Further hearing fixed
Further hearing fixed

7. Legal Issues

  1. Amendment of Statement of Claim
    • Outcome: The court refused the plaintiff's application to amend the statement of claim.
    • Category: Procedural
    • Sub-Issues:
      • Introduction of new facts
      • Delay in application
      • Prejudice to defendant
    • Related Cases:
      • [1973] 2 MLJ 149
      • [1986] 2 MLJ 246
      • [1987] 1 AC 198

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation

11. Industries

  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Mahan Singh v Government of MalaysiaUnknownYes[1973] 2 MLJ 149MalaysiaCited regarding amendment of pleadings and compensation by costs.
Dr S Underwood v Ong Ah LongPrivy CouncilYes[1986] 2 MLJ 246UnknownCited regarding amendment of statement of claim on the first day of trial.
Ketteman v Hansel Properties LtdUnknownYes[1987] 1 AC 198UnknownCited regarding the efficient conduct and disposal of cases and the responsibility of litigants.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Amendment of statement of claim
  • Fiduciary duties
  • Professional negligence
  • Efficient conduct of cases
  • Lateness of application

15.2 Keywords

  • amendment
  • statement of claim
  • pleadings
  • civil procedure
  • UBS
  • negligence
  • fiduciary duty

16. Subjects

  • Civil Procedure
  • Amendment of Pleadings

17. Areas of Law

  • Civil Procedure
  • Pleadings