Ang Hong Hin v Ang Chye Hin: Fraudulent Misrepresentation, Partnership Dissolution, and Accounting Dispute

In Ang Hong Hin v Ang Chye Hin, the Singapore High Court addressed a dispute between two brothers, Ang Hong Hin and Ang Chye Hin, who were equal partners in an undertaking business. Ang Hong Hin sued Ang Chye Hin for fraudulent misrepresentation or wilful non-disclosure, or fraudulent acts, alternatively, for rescission of the dissolution agreement. Ang Chye Hin counterclaimed for payment of $200,000, an account of certain moneys in one of Ang Hong Hin’s personal bank accounts, and the appointment of an accountant to enquire into the accounts of the business. The court found Ang Chye Hin in breach of his duty as a partner and ordered him to account for unauthorized withdrawals and payments. The court also ordered Ang Hong Hin to account to Ang Chye Hin for all payments that he made from moneys belonging to ACM/ACMKK that were not for the purpose of the business but for were for his personal use and/or for the use of Western Casket.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff in part; Judgment for Defendant on counterclaim to a limited extent.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case involving brothers Ang Hong Hin and Ang Chye Hin, focusing on fraudulent misrepresentation claims and partnership dissolution.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ang Hong HinPlaintiffIndividualJudgment for Plaintiff in partPartialLiew Chen Mine
Ang Chye HinDefendantIndividualJudgment for Defendant on counterclaim to a limited extentPartial

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Liew Chen MineAptus Law Corporation

4. Facts

  1. Ang Hong Hin and Ang Chye Hin were equal partners in an undertaking business.
  2. The partnership was dissolved in June 2004.
  3. Ang Hong Hin agreed to buy out Ang Chye Hin’s share in the business.
  4. Ang Hong Hin failed to pay the third and final instalment of $200,000.
  5. Ang Hong Hin claimed fraudulent misrepresentation or wilful non-disclosure or fraudulent acts.
  6. Ang Chye Hin counterclaimed for payment of $200,000 and an account of certain moneys.
  7. The asset statements did not reflect a sum of $730,000 which had been kept in cash by Ms Ang on behalf of the business.

5. Formal Citations

  1. Ang Hong Hin v Ang Chye Hin, Suit No 103 of 2006, [2010] SGHC 58

6. Timeline

DateEvent
Ang Chin Moh Undertaker (ACM) business started.
The parties’ father died, and their mother, Mdm Ng Ah Yeow, took over ACM.
Ang Hong Hin became a partner in ACM.
Ang Hong Hin withdrew from ACM partnership.
Ang Hong Hin set up Ang Chin Moh Kheng Khee (ACMKK).
Ang Hong Hin and Ang Chye Hin became equal partners of ACM.
Ang Hong Hin’s wife, Mdm Foo Kok Keng, registered Western Casket.
Ang Hong Hin registered as the owner of Western Casket.
Ang Hong Hin’s son, Ang Ziqian, became a partner in Western Casket.
Difficulties in the partnership surfaced.
Ang Hong Hin instructed Ang Chye Hin to ask the accountant to prepare a statement of assets and liabilities of ACM and ACMKK.
Ang Hong Hin proposed to Ang Chye Hin that either party would have the right to buy the other’s share in the business for $1,767,662.95.
Ang Chye Hin agreed to sell his share in the business to Ang Hong Hin for the sum of $1,767,662.95.
Ang Hong Hin and Ang Chye Hin signed the Dissolution of Partnership Agreement and the Acknowledgement and Confirmation.
Ang Chye Hin and Ms Ang Choon Boy left ACM’s office.
Ang Hong Hin paid the second instalment of $200,000.
Final instalment was due but not paid.
Ang Hong Hin’s solicitors, M/s Julie Tok & Co, wrote a letter to Ang Chye Hin making various allegations on behalf of Ang Hong Hin.
Ang Chye Hin’s solicitors responded to the letter from Ang Hong Hin's solicitors.
Ang Hong Hin’s solicitors sent another letter making further allegations.
Ang Chye Hin wrote directly to Ang Hong Hin asking him to make some arrangement for Ang Chye Hin to sign the transfer documents to transfer his share in the Ubi property to Ang Hong Hin.
Ang Hong Hin filed the writ in this action.
Judgment Reserved.

7. Legal Issues

  1. Breach of Fiduciary Duty
    • Outcome: The court found that Ang Chye Hin was in breach of duty to Ang Hong Hin as a partner of the business.
    • Category: Substantive
  2. Fraudulent Misrepresentation
    • Outcome: The court found that Ang Hong Hin was not induced to enter into the dissolution agreement and acknowledgement on the faith of the so-called representations in the asset statements.
    • Category: Substantive
  3. Accounting for Partnership Assets
    • Outcome: The court ordered both parties to provide an accounting of specific financial transactions related to the partnership.
    • Category: Substantive

8. Remedies Sought

  1. Damages for fraudulent misrepresentation
  2. Rescission of the dissolution agreement
  3. Accounting of profits

9. Cause of Actions

  • Breach of Fiduciary Duty
  • Fraudulent Misrepresentation
  • Accounting

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Funeral Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Partnership
  • Dissolution agreement
  • Fraudulent misrepresentation
  • Accounting
  • Asset statements
  • Breach of duty

15.2 Keywords

  • Partnership dispute
  • Fraudulent misrepresentation
  • Accounting
  • Dissolution
  • Singapore High Court

16. Subjects

  • Partnerships
  • Accounting
  • Fraud
  • Commercial Disputes

17. Areas of Law

  • Partnership Law
  • Accounting Law
  • Civil Procedure
  • Fraudulent Misrepresentation