Rabiah Bee v Salem Ibrahim: Amendment of Claim After Trial, Fiduciary Duty & Joint Venture Dispute

In 2003, Rabiah Bee bte Mohamed Ibrahim filed an action against her brother, Salem Ibrahim, in the High Court of Singapore, regarding a joint venture to purchase residential properties in London. Rabiah Bee sought an account of dealings and damages for breach of duty. Salem Ibrahim counterclaimed for an account of moneys. After the trial commenced, Rabiah Bee applied to re-amend her Statement of Claim to include a claim for damages arising out of an alleged breach of fiduciary duty by Salem Ibrahim. The court allowed the Statement of Claim to be further amended, though not to the extent requested by the plaintiff.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Statement of Claim allowed to be further amended, though not to the extent requested by the plaintiff.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case between siblings Rabiah Bee and Salem Ibrahim regarding a joint venture. The court allowed Rabiah Bee to amend her claim after the trial commenced.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Rabiah Bee Bte Mohamed IbrahimPlaintiffIndividualStatement of Claim allowed to be further amendedPartial
Salem IbrahimDefendantIndividualAmendment allowedLost

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Edmond PereiraEdmond Pereira and Partners
Ravendra KrishnasamyEdmond Pereira and Partners
Jimmy YimDrew and Napier LLC
Kelvin TanDrew and Napier LLC

4. Facts

  1. Plaintiff and defendant are siblings.
  2. In 1996, the parties agreed to a joint venture to purchase residential properties in London.
  3. The plaintiff was responsible for identifying properties and undertaking refurbishment and management work.
  4. The defendant was responsible for acquiring offshore companies, obtaining financing, and administering the joint venture.
  5. Between October 1996 and February 1998, seven residential properties were purchased.
  6. The plaintiff filed an action in November 2003 seeking an account and damages for breach of duty.
  7. The plaintiff applied to re-amend her Statement of Claim during the trial to include a claim for damages arising out of an alleged breach of fiduciary duty.

5. Formal Citations

  1. Rabiah Bee bte Mohamed Ibrahim v Salem Ibrahim, Suit 1079/2003, [2006] SGHC 17

6. Timeline

DateEvent
Parties agreed to engage in a joint enterprise to purchase residential properties in London.
First residential property in London purchased by the parties.
Seventh residential property in London purchased by the parties.
Plaintiff filed the present action.
Trial of the action commenced.
Trial adjourned part-heard.
Hearing recommenced.
Plaintiff applied for leave to re-amend her Statement of Claim.
Judgment delivered.

7. Legal Issues

  1. Amendment of Pleadings
    • Outcome: The court allowed the plaintiff's application for leave to re-amend the statement of claim, but not to the full extent requested.
    • Category: Procedural
    • Sub-Issues:
      • Late amendment of claim
      • Prejudice to defendant
      • Second bite at the cherry
    • Related Cases:
      • Worldwide Corporation Ltd v GPT Ltd (2 December 1998) (Court of Appeal (Civil Division), UK) (unreported)
  2. Breach of Fiduciary Duty
    • Outcome: The court did not make a determination on the merits of the breach of fiduciary duty claim, as the issue was whether to allow the amendment to include this claim.
    • Category: Substantive

8. Remedies Sought

  1. Account of dealings
  2. Damages
  3. Payment of sums found due

9. Cause of Actions

  • Breach of Duty
  • Breach of Fiduciary Duty
  • Failure to provide account

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Worldwide Corporation Ltd v GPT LtdCourt of Appeal (Civil Division)YesWorldwide Corporation Ltd v GPT Ltd (2 December 1998) (Court of Appeal (Civil Division), UK) (unreported)United KingdomCited regarding the principles for allowing amendments to pleadings at a late stage of trial and the court's discretion in such matters.

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

  • Joint venture
  • Residential properties
  • Offshore companies
  • Breach of fiduciary duty
  • Amendment of pleadings
  • Statement of claim

15.2 Keywords

  • Joint venture
  • Fiduciary duty
  • Amendment
  • Pleadings
  • London properties

17. Areas of Law

Area NameRelevance Score
Fiduciary Duties85
Civil Practice75
Duty to Account70
Joint Venture65
Breach of Contract60
Amendment of Pleadings55
Contract Law50
Corporate Litigation40

16. Subjects

  • Civil Procedure
  • Joint Ventures
  • Fiduciary Duties