Ong Kai Hian v Tan Hong Suan Cecilia: Amendment of Pleadings & New Cause of Action
In Ong Kai Hian v Tan Hong Suan Cecilia and Others, the High Court of Singapore addressed an application by the plaintiff, Ong Kai Hian, to amend his statement of claim and reply after the trial had concluded. The plaintiff sought to introduce a new cause of action, alleging a contract for the sale and purchase of property, in addition to the original claim for specific performance of an agreement to grant an option to purchase. The court, presided over by Judith Prakash J, allowed some minor amendments but disallowed the major amendments that introduced the new cause of action, finding them to be too late and prejudicial to the defendants, Tan Hong Suan Cecilia, Yap Mei Li Patricia, Yap Hock Hin Gerald, Veronica Siah Hua Li nee Yap Hua Li, Jennifer Yap Beng Choo, Yap Keng Siang Gerald, Yap Josephine, and Yap Beng Sek Jerene @ Mrs William Henry Hernstadt.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application for amendment of pleadings allowed in part and disallowed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff sought to amend pleadings post-trial to include a new cause of action. The court allowed some amendments but disallowed those introducing a new claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Kai Hian | Plaintiff | Individual | Application for amendment of pleadings allowed in part and disallowed in part | Partial | |
| Tan Hong Suan Cecilia | Defendant | Individual | Amendments disallowed in part | Partial | |
| Yap Mei Li Patricia | Defendant | Individual | Amendments disallowed in part | Partial | |
| Yap Hock Hin Gerald | Defendant | Individual | Amendments disallowed in part | Partial | |
| Veronica Siah Hua Li nee Yap Hua Li | Defendant | Individual | Amendments disallowed in part | Partial | |
| Jennifer Yap Beng Choo | Defendant | Individual | Amendments disallowed in part | Partial | |
| Yap Keng Siang Gerald | Defendant | Individual | Amendments disallowed in part | Partial | |
| Yap Josephine | Defendant | Individual | Amendments disallowed in part | Partial | |
| Yap Beng Sek Jerene @ Mrs William Henry Hernstadt | Defendant | Individual | Amendments disallowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
4. Facts
- Plaintiff sought to purchase property owned by the defendants.
- Plaintiff paid an option fee of $5,800.
- Dispute arose over the terms of the option to purchase.
- Plaintiff applied to amend pleadings after the trial had ended.
- Proposed amendments introduced a new cause of action.
5. Formal Citations
- Ong Kai Hian v Tan Hong Suan Cecilia and Others, Suit 653/2007, SUM 4763/2008, [2009] SGHC 58
6. Timeline
| Date | Event |
|---|---|
| Agreement made between Plaintiff and Defendants for option to purchase the Property. | |
| Plaintiff made payment of the Option Fee of $5,800.00. | |
| Defendants handed an option to Tan Jit Kin in favour of the plaintiff or his nominee. | |
| Option to Purchase delivered to Ong Boon Chuan with expiry date of 8 June 2006. | |
| Action started. | |
| Plaintiff filed reply (Amendment No. 1). | |
| Trial started. | |
| Plaintiff filed application to amend statement of claim and reply. | |
| Application heard. | |
| Decision date. |
7. Legal Issues
- Amendment of Pleadings
- Outcome: The court allowed some amendments but disallowed those introducing a new cause of action, finding them to be too late and prejudicial to the defendants.
- Category: Procedural
- Sub-Issues:
- Introduction of new cause of action
- Prejudice to opposing party
8. Remedies Sought
- Specific performance of the agreement to grant an option to purchase
- Specific performance of the agreement to sell the property
9. Cause of Actions
- Breach of agreement to grant an option to purchase
- Specific performance
10. Practice Areas
- Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wright Norman v OCBC Ltd | N/A | Yes | [1994] 1 SLR 513 | Singapore | Cited for the principles governing the amendment of pleadings, specifically regarding enabling the real issue to be tried and potential prejudice to the opposing party. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act (Cap 43, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Amendment of pleadings
- New cause of action
- Prejudice
- Option to purchase
- Specific performance
- Civil Law Act
- Memorandum in writing
15.2 Keywords
- amendment
- pleadings
- cause of action
- option to purchase
- specific performance
- property
- contract
17. Areas of Law
16. Subjects
- Civil Procedure
- Contract Law
- Real Estate Law