Kea Meng Kwang v Merrill Lynch: Examination of Witnesses Outside Jurisdiction
In Kea Meng Kwang and Another v Merrill Lynch Investment Managers (Asia Pacific) Ltd and Others, the Singapore High Court addressed an appeal by Kea Meng Kwang against the decision to dismiss his application for a letter of request to examine witnesses in Jersey. Kwang sought the examination of current or former employees of Merrill Lynch Investment Managers (Channel Islands) Limited and RBSI Custody Bank Ltd concerning a guarantee facility and alleged breaches related to an account. The High Court dismissed the appeal, citing concerns over the necessity and cost-effectiveness of obtaining evidence from Jersey, especially given the availability of alternative legal avenues and the potential for the evidence to be obtained through other means.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case regarding examination of witnesses in Jersey. The court dismissed the appeal for a letter of request.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kea Kah Kim | Defendant | Individual | Neutral | Neutral | |
| Kea Meng Kwang | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | |
| PT Siak Raya Timber | Plaintiff | Corporation | Appeal Dismissed | Lost | |
| Merrill Lynch Investment Managers (Asia Pacific) Ltd | Defendant, Respondent | Corporation | Appeal Won | Won | |
| Kea Meng Cheng | Defendant | Individual | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
4. Facts
- Kwang, Cheng, and Kim are brothers and the account holders.
- PT Siak Raya Timber is a company incorporated in Indonesia.
- Warburg Asset Management Jersey Ltd was appointed as the investment managers.
- SG Warburg & Co (Jersey) Ltd was appointed as the bank for custody and banking services.
- MLIM(AP) served as the contact point for the Account Holders.
- RBSI issued guarantees to support credit facilities provided by ING Singapore.
- Kwang commenced action against MLIM(AP) in respect of the amount debited by RBSI.
5. Formal Citations
- Kea Meng Kwang and Another v Merrill Lynch Investment Managers (Asia Pacific) Ltd and Others, Suit 311/2005, [2006] SGHC 161
6. Timeline
| Date | Event |
|---|---|
| Account opened with SG Warburg & Co (Jersey) Ltd. | |
| Agreement signed appointing Warburg Asset Management Jersey Ltd as investment managers. | |
| Account Holders granted a guarantee facility by RBSI. | |
| RBSI issued guarantees to support credit facilities provided by ING Singapore to Kea Properties. | |
| Jeanette Tan nee Ho contacted MLIM(AP) for the Account Holders. | |
| SG Warburg & Co (Jersey) Ltd acquired by the Royal Bank of Scotland and renamed RBSI Custody Bank Ltd. | |
| RBSI issued guarantees to support credit facilities provided by ING Singapore to Kea Properties and Account 5028. | |
| RBSI issued guarantees to support credit facilities provided by ING Singapore to Kea Properties and Account 5028. | |
| Kim requested a guarantee facility from RBSI to secure credit facilities for Kea Properties and Account 5028. | |
| RBSI issued guarantees to secure credit facilities for Kea Properties and Account 5028. | |
| Kwang applied for a letter of request to be issued to the proper judicial authority of Jersey. | |
| Kwang applied to amend the questions which he was seeking answers to. | |
| Assistant registrar dismissed the Summons, as amended. | |
| Judge dismissed Kwang's appeal. | |
| Decision Date |
7. Legal Issues
- Examination of Witnesses Outside Jurisdiction
- Outcome: The court dismissed the appeal for a letter of request to examine witnesses in Jersey.
- Category: Procedural
8. Remedies Sought
- Letter of request to the judicial authorities of Jersey for the examination of persons in Jersey
9. Cause of Actions
- Breach of Mandate
- Negligence
- Breach of Fiduciary Duty
- Dishonest Assistance
10. Practice Areas
- Litigation
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ross v Woodford | N/A | Yes | [1894] 1 Ch 38 | N/A | Cited regarding difficulties securing witnesses from another country. |
| Emanuel v Soltykoff | N/A | Yes | (1892) 8 TLR 331 | N/A | Cited regarding difficulties securing witnesses from another country. |
| Coch v Allcock & Co | N/A | Yes | (1888) 21 QBD 178 | N/A | Cited regarding difficulties securing witnesses from another country. |
| First American Corp v Sheikh Zayed Al-Nahyan | English Court of Appeal | Yes | [1999] 1 WLR 1154 | England | Cited regarding the principle of oppressiveness in issuing letters of request. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Order 39 r 2(1) Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| O 39 r 1(1) Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| O 39 r 1(2) Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Letter of Request
- Examination of Witnesses
- Guarantee Facility
- Breach of Mandate
- Exclusive Jurisdiction Clause
15.2 Keywords
- Letter of request
- Witnesses
- Jersey
- Singapore
- Civil procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contract Law | 60 |
| Fiduciary Duties | 50 |
| Evidence | 50 |
| Misrepresentation | 40 |
| Commercial Litigation | 40 |
| Civil Procedure | 40 |
| Banking and Finance | 30 |
| Inducement of Breach of Contract | 30 |
| Asset Recovery | 20 |
16. Subjects
- Civil Procedure
- Evidence
- Witness Examination