Wee Soon Kim Anthony v UBS AG: Recusal Application Based on Alleged Bias in Prior Proceedings
Wee Soon Kim Anthony applied for Justice Kan Ting Chiu to recuse himself from reviewing the taxation of solicitor-and-client bills after the dismissal of his claim against UBS AG. The plaintiff alleged apparent bias based on the judge's interventions during the trial regarding the testimony of Thomas Sim and unusual costs orders. Justice Kan Ting Chiu dismissed the recusal application, finding no basis for the claims of bias.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for judge recusal in costs review, alleging bias due to interventions and costs orders in the original claim dismissal. Application dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| UBS AG | Defendant, Respondent | Corporation | Application dismissed | Won | |
| Wee Soon Kim Anthony | Plaintiff, Applicant | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Harish Kumar | Engelin Teh Practice LLC |
4. Facts
- The plaintiff sued the defendant, and the claim was dismissed.
- The plaintiff alleged inconsistencies between his evidence and his pleaded case.
- The plaintiff blamed his former counsel, Mr. Thomas Sim, for the inconsistencies.
- The judge was concerned that allegations were made against Mr. Sim without giving him an opportunity to respond.
- The plaintiff was ordered to pay costs to Mr. Sim's employer, Engelin Teh Practice LLC, after Mr. Sim testified.
- The plaintiff applied for the judge to recuse himself based on apparent bias.
5. Formal Citations
- Wee Soon Kim Anthony v UBS AG, BOC 180/2004, 186/2004, 195/2004, 204/2004, 208/2004, SIC 4019/2005, [2006] SGHC 18
6. Timeline
| Date | Event |
|---|---|
| Suit No. 834 of 2001/R filed | |
| Plaintiff deposed an affidavit | |
| Affidavit filed | |
| Judgment issued |
7. Legal Issues
- Bias
- Outcome: The court found no basis for the claims of bias and dismissed the recusal application.
- Category: Procedural
- Sub-Issues:
- Interruptions and judicial remarks
- Unusual costs orders
- Natural Justice
- Outcome: The court found no breach of natural justice.
- Category: Procedural
8. Remedies Sought
- Recusal of judge
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wee Soon Kim Anthony v UBS AG | High Court | Yes | [2003] SGHC 305 | Singapore | Cited for the judge's views on the necessity of Thomas Sim's attendance in court and the fairness of allowing him to respond to allegations against his competence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Recusal
- Apparent bias
- Actual bias
- Costs order
- Solicitor-and-client privilege
- Statement of Claim
15.2 Keywords
- Recusal
- Bias
- UBS AG
- Wee Soon Kim Anthony
- Singapore High Court
- Natural Justice
- Costs Order
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Constitutional Law | 70 |
| Legal Ethics and Professional Responsibility | 65 |
| Civil Procedure | 60 |
| Costs | 50 |
| Recusal | 40 |
16. Subjects
- Judicial Review
- Bias
- Constitutional Law