Law Society v Fun Huay Yew: Advocate Striking Off for Misappropriation of Client Funds
The Law Society of Singapore applied to make absolute an order to show cause against Fun Huay Yew, an advocate and solicitor, for grossly improper and fraudulent conduct. Fun Huay Yew misappropriated $635,000 held as stakeholder for Toshiba Machine S E Asia Pte Ltd and issued a dishonored cheque. The High Court ordered Fun Huay Yew to be struck off the roll of advocates and solicitors.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The respondent was struck off the roll of advocates and solicitors of the Supreme Court of Singapore.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Fun Huay Yew, an advocate and solicitor, was struck off the roll for misappropriating client funds and issuing a dishonored cheque.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Applicant | Association | Order to show cause made absolute | Won | C R Rajah SC, Tan Beng Swee |
| Fun Huay Yew | Respondent | Individual | Struck off the roll | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
| Chao Hick Tin | Justice of the Court of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| C R Rajah SC | Tan Rajah and Cheah |
| Tan Beng Swee | Tan Beng Swee |
4. Facts
- The respondent was retained as instructing solicitor for Toshiba in a claim against Reliance.
- The respondent held $650,000 as stakeholder from the sale of machines.
- The Malaysian proceedings were settled, and Toshiba was to be paid $635,000.
- The respondent issued a post-dated cheque for $635,000, which was dishonored.
- The respondent vacated his office and moved from his last known residential address.
- The Disciplinary Committee found the respondent guilty of grossly improper and fraudulent conduct.
5. Formal Citations
- Law Society of Singapore v Fun Huay Yew, OS 414/2005, NM 25/2005, [2005] SGHC 96
6. Timeline
| Date | Event |
|---|---|
| Respondent called to the Singapore Bar. | |
| Respondent's letter to Toshiba regarding stakeholder funds. | |
| Respondent's letter to Toshiba regarding stakeholder funds. | |
| Malaysian action settled. | |
| Respondent gave Toshiba a post-dated cheque. | |
| Cheque dishonoured upon presentation for payment. | |
| Toshiba made a police report against the respondent. | |
| Tay Yong Kwang J made an order to show cause against the respondent. | |
| High Court ordered that the respondent be struck off the roll. |
7. Legal Issues
- Grossly Improper Conduct
- Outcome: The court found the respondent guilty of grossly improper conduct.
- Category: Substantive
- Related Cases:
- [1972–1974] SLR 132
- [2001] 3 SLR 616
- Fraudulent Conduct
- Outcome: The court found the respondent guilty of fraudulent conduct.
- Category: Substantive
- Related Cases:
- [2001] 1 SLR 721
8. Remedies Sought
- Striking off from the roll of advocates and solicitors
9. Cause of Actions
- Breach of Professional Undertaking
- Fraud
10. Practice Areas
- Disciplinary Proceedings
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Marshall David | High Court | Yes | [1972–1974] SLR 132 | Singapore | Cited for the definition of 'grossly improper conduct' as conduct dishonourable to the solicitor as a man and in his profession. |
| Law Society of Singapore v Lim Kiap Khee | Court of Appeal | Yes | [2001] 3 SLR 616 | Singapore | Cited for the principle that deliberately breaching an undertaking to pay over moneys held as stakeholder constitutes grossly improper conduct. |
| Law Society of Singapore v Lim Yee Kai | Court of Appeal | Yes | [2001] 1 SLR 721 | Singapore | Cited for the principle that a solicitor who has acted dishonestly will be struck off the roll. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Section 83(2)(b) Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Section 90 of the Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Section 98(5) of the Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stakeholder
- Grossly improper conduct
- Fraudulent conduct
- Dishonoured cheque
- Professional undertaking
- Misappropriation
15.2 Keywords
- Law Society
- Fun Huay Yew
- Advocate
- Solicitor
- Misappropriation
- Striking off
- Singapore
16. Subjects
- Legal Ethics
- Professional Responsibility
17. Areas of Law
- Legal Profession
- Professional Misconduct
- Regulatory Law