Nitine Jantilal v BNP Paribas: Summary Order for Account in Banker-Customer Dispute
Nitine Jantilal, an Indian national and Singapore permanent resident, brought a claim against BNP Paribas Wealth Management in the High Court of Singapore, seeking a summary order for account under Order 43 Rule 1 of the Rules of Court regarding transactions in his accounts. The plaintiff alleged losses in his accounts and sought an explanation from the bank. Tan Sze Yao AR granted the plaintiff's prayer for an account of all sums due from the defendant bank to the plaintiff in respect of Account 1 and Account 2.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's prayer for an account of all sums due from the defendant bank to the plaintiff in respect of Account 1 and Account 2 was granted.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Claim for a summary order for account by Nitine Jantilal against BNP Paribas concerning transactions in his bank accounts. The court granted the order for account.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| BNP Paribas Wealth Management | Defendant | Corporation | Account Ordered | Lost | |
| Nitine Jantilal | Plaintiff | Individual | Account Granted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Sze Yao | Assistant Registrar | Yes |
4. Counsels
4. Facts
- Plaintiff opened Account 1 with the defendant bank in 2002.
- Plaintiff applied for permanent residence in Singapore under the Financial Investor Scheme in 2005.
- Account 1 was the designated account for the plaintiff’s permanent residency application.
- Plaintiff was granted Singapore permanent residency status on 3 April 2006.
- Plaintiff opened Account 2 with the defendant bank in April 2009.
- Assets were transferred from Account 1 to Account 2 on 7 July 2009.
- Plaintiff instructed the transfer of assets in Account 2 to a Credit Suisse account on 15 July 2009.
5. Formal Citations
- Nitine Jantilal v BNP Paribas Wealth Management, Suit No. 1048 of 2009/D (Summons No. 3613 of 2010/Z), [2010] SGHC 264
6. Timeline
| Date | Event |
|---|---|
| Plaintiff opened Account 1 with the defendant bank. | |
| Plaintiff submitted application for permanent residence in Singapore under the Financial Investor Scheme. | |
| Plaintiff was granted Singapore permanent residency status. | |
| Plaintiff opened Account 2 with the defendant bank. | |
| Financial assets were transferred from Account 1 to Account 2. | |
| Plaintiff gave instructions for the transfer of assets in Account 2 to a Credit Suisse account. | |
| Account 1 and Account 2 were closed. | |
| Suit No. 1048 of 2009/D filed | |
| Decision Date |
7. Legal Issues
- Duty to Provide Accurate Accounts
- Outcome: The court held that a bank has an implied contractual duty to maintain and provide accurate accounts for its customers.
- Category: Substantive
- Summary Order for Account
- Outcome: The court granted the plaintiff's application for a summary order for account under Order 43 Rule 1 of the Rules of Court.
- Category: Procedural
8. Remedies Sought
- Order for Account
- Payment of Sums Due
9. Cause of Actions
- Breach of Contract
- Failure to provide accurate accounts
10. Practice Areas
- Commercial Litigation
- Banking Litigation
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mascom (M) Sdn Bhd & Anor v Kamawang Enterprise Sdn Bhd & Anor | High Court | Yes | [2006] 6 MLJ 701 | Malaysia | Cited to support the principle that so long as there was an undisputed partnership in existence, the respondent partners would be entitled to an account. |
| Foley v Hill | House of Lords | Yes | (1848) 2 H.L. Cas. 28 | United Kingdom | Cited for the established principle that the banker and customer relationship is one of debtor and creditor, and not of trusteeship. |
| Lloyds Bank v Brooks | N/A | Yes | [1950] Journal of the Institute of Bankers, Vol LXXII 114 | N/A | Cited for the duty on the bank to keep the defendant correctly informed as to the position of her account, and there was a duty on the bank not to over-credit her statement of account |
| Goh Say Hun v Ooi Chit Lee & Anor | Court of Appeal | Yes | [1994] 1 SLR(R) 958 | Singapore | Cited to show the middle ground approach was employed in that case, although the Court of Appeal eventually decided that the Assistant Registrar ought to have made the order for payment concurrently. |
13. Applicable Rules
| Rule Name |
|---|
| Order 43 Rule 1 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Financial Investor Scheme
- Summary Order for Account
- Banker-Customer Relationship
- Duty to Account
- Implied Contractual Term
15.2 Keywords
- banking
- account
- financial investor scheme
- singapore
- BNP Paribas
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Banking Law | 80 |
| Banking and Finance | 75 |
| Banker Customer Relationship | 70 |
| Contract Law | 60 |
| Financial Investor Scheme | 50 |
| Fiduciary Duties | 40 |
| Agency Law | 30 |
| Business Litigation | 25 |
| Commercial Litigation | 20 |
16. Subjects
- Banking
- Civil Procedure
- Contract Law