Lau Chin Eng v Lau Chin Hu: Family Dispute over Company Assets and "Without Prejudice" Privilege
In a civil suit between members of the Lau family, Lau Chin Eng and Lau Chin What (plaintiffs) sued Lau Chin Hu, Lew Kiat Beng, Law Chin Chai, Hiap Seng & Co Pte Ltd, and Winstant Holding Pte Ltd (defendants) in the High Court of Singapore. The dispute concerned the assets of Hiap Seng & Co Pte Ltd and other properties allegedly held in trust. The second defendant, Lew Kiat Beng, applied to strike out parts of the plaintiffs’ pleadings based on "without prejudice" privilege. The Assistant Registrar allowed the application in part, but the plaintiffs appealed. Woo Bih Li J dismissed the plaintiffs' appeal with costs, finding no waiver of the privilege.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiffs’ appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Family dispute over company assets. The court addressed the application of "without prejudice" privilege and waiver concerning settlement discussions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lau Chin Eng | Plaintiff | Individual | Appeal Dismissed | Lost | Audrey Chiang, Calvin Lim |
| Lau Chin What | Plaintiff | Individual | Appeal Dismissed | Lost | Audrey Chiang, Calvin Lim |
| Lau Chin Hu | Defendant | Individual | Appeal Dismissed | Won | Foo Soon Yien, Daniel Tay |
| Lew Kiat Beng | Defendant | Individual | Appeal Dismissed | Won | Foo Soon Yien, Daniel Tay |
| Law Chin Chai | Defendant | Individual | Appeal Dismissed | Won | Foo Soon Yien, Daniel Tay |
| Hiap Seng & Co Pte Ltd | Defendant | Corporation | Appeal Dismissed | Won | Foo Soon Yien, Daniel Tay |
| Winstant Holding Pte Ltd | Defendant | Corporation | Appeal Dismissed | Won | Foo Soon Yien, Daniel Tay |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Audrey Chiang | Rodyk & Davidson |
| Calvin Lim | Rodyk & Davidson |
| Foo Soon Yien | Bernard & Rada Law Corporation |
| Daniel Tay | Bernard & Rada Law Corporation |
4. Facts
- The dispute is between members of the Lau family.
- The dispute concerns the assets of Hiap Seng & Co Pte Ltd and other properties allegedly held in trust.
- D2 filed Summons 1866 of 2009 to strike out parts of the plaintiffs’ pleadings.
- The application was heard on 8 May and 1 June 2009 by Assistant Registrar Lim Jian Yi.
- AR Lim decided that only the meeting of 30 November 2005 enjoyed the "without prejudice" privilege.
- The plaintiffs appealed against the decision of AR Lim.
- The transcript of the 30 November 2005 meeting was attached to an affidavit of the first plaintiff filed on 13 February 2009.
5. Formal Citations
- Lau Chin Eng and Another v Lau Chin Hu and Others, Suit 839/2006, RA 224/2009, [2009] SGHC 225
6. Timeline
| Date | Event |
|---|---|
| Meeting held between parties | |
| Telephone conversation with D2 | |
| Suit 839/2006 filed | |
| Notice of non-admission filed | |
| Affidavit of first plaintiff filed | |
| Hearing of discovery application | |
| Summons 1866 of 2009 filed | |
| Application heard by AR Lim | |
| Application heard by AR Lim | |
| AR Lim's decision issued | |
| Judgment issued |
7. Legal Issues
- Waiver of "Without Prejudice" Privilege
- Outcome: The court held that there was no clear evidence of waiver of the "without prejudice" privilege.
- Category: Evidence
- Related Cases:
- [2009] 1 SLR 42
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tentat Singapore Pte Ltd v Multiple Granite Pte Ltd and others | High Court | Yes | [2009] 1 SLR 42 | Singapore | Cited regarding the issue of waiver of privilege, but distinguished on the facts. |
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
- Without Prejudice Privilege
- Waiver
- Family Dispute
- Company Assets
- Pleadings
15.2 Keywords
- without prejudice
- privilege
- waiver
- family dispute
- company assets
- Singapore
- High Court
16. Subjects
- Evidence Law
- Civil Procedure
17. Areas of Law
- Evidence
- Privilege