Engelin Teh Practice LLC v Wee Soon Kim Anthony: Enforceability of Costs Agreement After Law Firm Dissolution
In Engelin Teh Practice LLC v Wee Soon Kim Anthony, the High Court of Singapore addressed whether Engelin Teh Practice LLC (ETP), a law corporation, could enforce a costs agreement initially made with Mr. Wee Soon Kim by its predecessor law firm, Engelin Teh & Partners. The court, presided over by Judith Prakash J, dismissed ETP's summons, holding that ETP was not a party to the original agreement and therefore lacked the legal standing to enforce it. The court also considered the impact of the law firm's dissolution and subsequent incorporation on the costs agreement.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Summons dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dispute over a costs agreement's enforceability after a law firm dissolved and reconstituted as a law corporation. The court dismissed the law corporation's summons.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Engelin Teh Practice LLC | Applicant | Corporation | Summons dismissed | Lost | Harish Kumar, Mark Yeo |
| Wee Soon Kim Anthony | Respondent | Individual | Summons dismissed | Won | Lok Vi Ming, Henry Heng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Harish Kumar | Engelin Teh Practice LLC |
| Mark Yeo | Engelin Teh Practice LLC |
| Lok Vi Ming | Rodyk and Davidson |
| Henry Heng | Rodyk and Davidson |
4. Facts
- Mr. Wee engaged Engelin Teh & Partners for a suit against UBS AG.
- A written agreement for costs was drafted between Mr. Wee and the firm.
- Engelin Teh & Partners dissolved and became Engelin Teh Practice LLC.
- ETP sought to enforce the written agreement against Mr. Wee.
- Mr. Wee argued the written agreement was subject to an oral agreement.
- The court found ETP was not a party to the original agreement.
5. Formal Citations
- Engelin Teh Practice LLC v Wee Soon Kim Anthony, OS 358/2003, NAOS 200/2003, [2004] SGHC 6
6. Timeline
| Date | Event |
|---|---|
| Preliminary discussions between Mr. Wee and Ms. Teh regarding claims against UBS AG. | |
| Suit 834 commenced. | |
| Written agreement for costs sent to Mr. Wee. | |
| Mr. Wee paid the first interim bill in full. | |
| Mr. Wee signed and returned the copy of the letter dated 20 July 2001. | |
| Mr. Wee paid the second interim bill in full. | |
| Mr. Wee paid the third interim bill. | |
| Engelin Teh Practice LLC incorporated; Engelin Teh & Partners dissolved. | |
| The fourth interim bill was sent to Mr Wee. | |
| Hearing of Suit 834 commenced. | |
| Suit 834 was adjourned part-heard. | |
| Two further bills were sent to Mr Wee. | |
| The fourth interim bill was paid. | |
| ETP filed originating summons. | |
| First hearing. | |
| Parties appeared for further arguments. | |
| Third hearing took place. | |
| Judgment reserved. |
7. Legal Issues
- Enforceability of Costs Agreement
- Outcome: The court held that the law corporation could not enforce the costs agreement because it was not a party to the original agreement.
- Category: Substantive
- Sub-Issues:
- Validity of written agreement
- Effect of dissolution of law firm
- Standing of law corporation to enforce agreement
8. Remedies Sought
- Determination of validity of written agreement
- Order for payment of outstanding amount
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chamberlain v Boodle & King (a firm) | Court of Appeal | Yes | [1982] 3 All ER 188 | England and Wales | Cited to support the interpretation of 'solicitor' in the Legal Profession Act as including a partnership. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Costs agreement
- Law corporation
- Dissolution
- Enforceability
- Legal Profession Act
- Solicitor
- Partnership
15.2 Keywords
- costs agreement
- law corporation
- dissolution
- legal profession
- Singapore
16. Subjects
- Legal Profession
- Contract Law
- Civil Procedure
17. Areas of Law
- Legal Profession
- Contract Law