Ishwaribai Ramchand Daswani v Mohanlal Ramchand Daswani: Setting Aside Consent Orders for Account of Assets
In Ishwaribai Ramchand Daswani v Mohanlal Ramchand Daswani, the High Court of Singapore dismissed the defendant's application to set aside consent orders made on 24 July 2007, which required him to account for the plaintiff's assets. The plaintiff, the defendant's mother, claimed the return of her money used to purchase a condominium and an accounting of her other assets. The court, presided over by Lee Seiu Kin J, found that setting aside the orders would severely prejudice the plaintiff's interests, especially given the defendant's prior attempts to comply with the orders and subsequent delays in challenging them.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Summons dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Defendant's application to set aside consent orders for accounting of assets was dismissed due to prejudice to plaintiff's interest.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ishwaribai Ramchand Daswani | Plaintiff | Individual | Summons dismissed | Won | |
| Mohanlal Ramchand Daswani | Defendant | Individual | Summons dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff is the mother of the defendant.
- The plaintiff claimed the return of money used to purchase a condominium.
- The plaintiff sought an account of her assets held by the defendant.
- Consent orders were made on 24 July 2007 requiring the defendant to account for the plaintiff's assets.
- The defendant attempted to comply with the orders but later sought to set them aside.
- The defendant alleged duress and undue influence by his former solicitor.
- The court found that setting aside the orders would severely prejudice the plaintiff's interests.
5. Formal Citations
- Ishwaribai Ramchand Daswani v Mohanlal Ramchand Daswani, Suit 39/2007, SUM 3252/2008, [2009] SGHC 65
6. Timeline
| Date | Event |
|---|---|
| Court order made by Lai Siu Chiu J requiring the defendant to pay the plaintiff 95% of the property value and account for her assets. | |
| Defendant's solicitors requested the plaintiff to set out questions regarding bank accounts. | |
| Plaintiff's solicitors replied with a list of 13 questions. | |
| Defendant's solicitors replied to the plaintiff's questions. | |
| Plaintiff's solicitors gave notice that the answers were not acceptable. | |
| Defendant revealed two previously undisclosed bank accounts. | |
| Plaintiff's solicitors gave notice that the plaintiff would seek redress in court. | |
| Defendant's new solicitors, M/s Joseph Chen & Co, filed a notice of change of solicitors. | |
| Plaintiff filed Summons No 757 of 2008 to vary order 1 and order the defendant to file an affidavit to account for assets. | |
| M/s Joseph Chen filed the defendant's affidavit in response to Sum 757/2008. | |
| Lai J heard counsel for the parties and varied order 1 of the Order. | |
| Order of court pursuant to Sum 757/2008 was settled by Lai J. | |
| Deadline for joint inspection of the Hongkong and Shanghai Banking Corporation (HSBC) safe deposit box. | |
| Joint inspection of the HSBC safe deposit box was carried out. | |
| Defendant filed summons to set aside orders 2 and 3 of the order of court made on 24 July 2007. | |
| Summons dismissed by Lee Seiu Kin J. |
7. Legal Issues
- Setting aside consent orders
- Outcome: The court dismissed the defendant's application to set aside the consent orders.
- Category: Procedural
8. Remedies Sought
- Setting aside of court orders
9. Cause of Actions
- Accounting of Assets
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Consent order
- Account of assets
- Duress
- Undue influence
- Prejudice
15.2 Keywords
- Consent order
- Accounting
- Assets
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 75 |
| Duty to Account | 60 |
| Undue Influence | 40 |
| Estoppel | 30 |
16. Subjects
- Civil Procedure
- Equity