Ang Boon Chye v Ang Tin Yong: Committal Proceedings for Failure to Lodge Partnership Accounts
In Ang Boon Chye and another v Ang Tin Yong, the High Court of Singapore heard an application for leave to commence committal proceedings against Ang Tin Yong for failing to comply with a court order to lodge partnership accounts for All Family Food Court. The plaintiffs, Ang Boon Chye and another, sought to enforce a prior judgment ordering the defendant, Ang Tin Yong, to provide an account of partnership transactions. Justice Kan Ting Chiu granted the plaintiffs' application, finding that the defendant had not provided sufficient grounds to withhold leave for committal proceedings.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application for leave to institute committal proceedings granted.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for leave to commence committal proceedings against Ang Tin Yong for failing to lodge partnership accounts as ordered by the court.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ang Boon Chye | Plaintiff | Individual | Application for leave to institute committal proceedings granted | Won | Mak Kok Weng |
| Ang Tin Yong | Defendant | Individual | Application for leave to institute committal proceedings granted | Lost | Tan Tiong Gee Andrew |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mak Kok Weng | Mak & Partners |
| Tan Tiong Gee Andrew | Andrew Tan Tiong Gee & Co |
4. Facts
- Plaintiffs and defendant were partners in 'All Family Food Court'.
- Disputes arose, leading plaintiffs to sue defendant for indemnity and an account of transactions.
- Defendant counterclaimed for dissolution of partnership.
- Tan J ordered an account of partnership transactions from 1999 to 2004.
- Defendant was ordered to lodge the accounts by 2 April 2009.
- Defendant did not lodge the accounts by the deadline.
- Plaintiffs applied for leave to commence committal proceedings.
5. Formal Citations
6. Timeline
| Date | Event |
|---|---|
| Judgment by Justice Tan Lee Meng ordering an account of partnership transactions from 1999 to 2004. | |
| Assistant Registrar ordered the defendant to lodge the accounts by 2 April 2009. | |
| Justice Judith Prakash dismissed the defendant's appeal against the Assistant Registrar's order. | |
| Deadline for defendant to lodge accounts. | |
| Plaintiffs retired from All Family Food Court. | |
| Deed of retirement signed by plaintiffs. | |
| Plaintiffs applied for leave to apply for an order of committal. | |
| Defendant filed an affidavit to oppose the application. | |
| High Court granted the plaintiffs’ application for leave to institute committal proceedings. |
7. Legal Issues
- Contempt of Court
- Outcome: The court found that the conditions for leave to institute committal proceedings against the defendant had been satisfied.
- Category: Substantive
- Sub-Issues:
- Failure to comply with court order
8. Remedies Sought
- Order of Committal
9. Cause of Actions
- Failure to comply with court order
10. Practice Areas
- Commercial Litigation
11. Industries
- Food and Beverage
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 |
|---|---|
| Rules of Court (Cap 322, R5, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Committal proceedings
- Partnership accounts
- Order of court
- Contempt of court
- Leave to commence
15.2 Keywords
- committal proceedings
- partnership
- accounts
- court order
- contempt
16. Subjects
- Civil Procedure
- Partnership Dispute
- Contempt of Court
17. Areas of Law
- Civil Procedure
- Contempt of Court
- Partnership Law