Nganthavee Teriya v Ang Yee Lim: Striking Out Third Party Proceedings for Lack of Cause of Action

In 2003, the Singapore High Court heard an appeal by Ang Yee Lim Lawrence and Tan Leong Ko William ('the Claimants') against the decision to strike out their third-party claim against Tan Buck Chye ('BC Tan') in a suit brought by Nganthavee Teriya ('the Plaintiff') for misrepresentation, breach of an oral agreement, breach of fiduciary duties, and conspiracy related to the sale of shares in Europa Holdings Pte Ltd and Erasmia Pte Ltd. The High Court dismissed the appeal, finding that the proposed amended third-party statement of claim did not disclose any basis for indemnity or contribution from BC Tan.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court struck out third-party proceedings, finding no reasonable cause of action and no common issues for determination in a misrepresentation and breach of fiduciary duties claim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Foo Jong Long DennisDefendantIndividualNo impactNeutral
Lim Eng Hock PeterThird PartyIndividualNo impactNeutral
Josephine Chong of Independent Practitioner
Engeline Teh of Independent Practitioner
Ang Yee Lim LawrenceDefendantIndividualAppeal DismissedLost
Tan Leong Ko WilliamDefendantIndividualAppeal DismissedLost
Nganthavee Teriya alias Gan Hui PooPlaintiffIndividualClaim against defendants continuesNeutral
Tan Buck ChyeThird PartyIndividualThird party claim struck outWon
Josephine Chong of Independent Practitioner
Engeline Teh of Independent Practitioner

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Josephine ChongIndependent Practitioner
Engeline TehIndependent Practitioner
Michael PalmerHarry Elias Partnership
Harry EliasHarry Elias Partnership
Chentil KumarasingamHarry Elias Partnership

4. Facts

  1. Plaintiff and her husband were shareholders and directors of Europa and Erasmia until June 1997.
  2. Defendants were also shareholders and directors of Europa and Erasmia.
  3. Plaintiff and her husband sold their shares in the companies to the defendants.
  4. Plaintiff claimed damages for misrepresentation, breach of oral agreement, breach of fiduciary duties, and conspiracy.
  5. Disputes arose after Europa embarked on the Raffles Town Club project.
  6. Defendants filed a third party notice against Peter Lim and BC Tan seeking indemnity or contribution.
  7. BC Tan applied to strike out the statement of claim in the third party proceedings.

5. Formal Citations

    6. Timeline

    DateEvent
    Extraordinary general meeting of Europa was held to approve the rights issue.
    Sale of shares completed.
    Action commenced by the plaintiff.
    First hearing of the striking out application.
    Hearing for striking out application and application to amend third party notice.
    Appeals dismissed.

    7. Legal Issues

    1. Striking out third party proceedings
      • Outcome: The court upheld the decision to strike out the third party proceedings.
      • Category: Procedural
      • Sub-Issues:
        • No reasonable cause of action
        • No common issues to be determined
    2. Contribution between tortfeasors
      • Outcome: The court held that a tortfeasor should not be able to claim contribution from a co-tortfeasor if it would result in the tortfeasor retaining part of a wrongful gain.
      • Category: Substantive

    8. Remedies Sought

    1. Damages
    2. Account of Monies and Benefits
    3. Declaration of Constructive Trust

    9. Cause of Actions

    • Misrepresentation
    • Breach of Oral Agreement
    • Breach of Fiduciary Duties
    • Conspiracy

    10. Practice Areas

    • Commercial Litigation

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    K and Another v P and OthersHigh CourtYes[1993] CH 140England and WalesCited regarding the ex turpi causa maxim and its applicability to claims for contribution under the Civil Liability (Contribution) Act 1978.

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    Civil Law Act (Cap 43)Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Third party proceedings
    • Rights issue
    • Fiduciary duties
    • Misrepresentation
    • Conspiracy
    • Contribution
    • Indemnity
    • Ex turpi causa
    • Joint tortfeasors

    15.2 Keywords

    • third party
    • striking out
    • civil procedure
    • tortfeasor
    • contribution
    • fiduciary duty
    • misrepresentation
    • conspiracy

    17. Areas of Law

    Area NameRelevance Score
    Civil Practice75
    Fiduciary Duties60
    Misrepresentation60
    Fraud and Deceit60
    Conspiracy by Unlawful Means50
    Contract Law40
    Company Law30

    16. Subjects

    • Civil Procedure
    • Tort Law
    • Company Law