Whang Tar Liang v Standard Chartered Bank: Pre-Action Discovery & Equity-Linked Notes
Whang Tar Liang, a private banking customer, applied to the High Court of Singapore for pre-action discovery against Standard Chartered Bank, seeking tape recordings of telephone conversations related to equity-linked note transactions. Whang Tar Liang claimed he did not authorize the transactions. The court, presided over by Tan Sze Yao AR, dismissed the application, finding that Whang Tar Liang already had sufficient knowledge to plead his case and was not entitled to discovery to assess the merits of his case.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff Whang Tar Liang sought pre-action discovery of tape recordings from Standard Chartered Bank regarding equity-linked note transactions. The application was dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Standard Chartered Bank | Defendant | Corporation | Application Dismissed | Won | |
| Whang Tar Liang | Plaintiff | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Sze Yao | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| James Low | Drew & Napier LLC |
| Hri Kumar SC | Drew & Napier LLC |
| Josephine Chong | Pinnacle Law LLC |
4. Facts
- The plaintiff sought pre-action discovery of tape recordings of telephone conversations with the defendant bank.
- The tape recordings pertained to transactions in equity-linked notes allegedly entered into by the defendant on the plaintiff's behalf.
- The plaintiff asserted that the transactions were never authorized by him.
- The defendant claimed to have tape recordings of the plaintiff authorizing the transactions.
- The defendant offered the plaintiff an opportunity to listen to one tape recording, but the plaintiff refused.
- The plaintiff commenced an application for pre-action discovery of all tape recordings.
5. Formal Citations
- Whang Tar Liang v Standard Chartered Bank, Originating Summons No. 228 of 2011/H, [2011] SGHC 154
6. Timeline
| Date | Event |
|---|---|
| Transactions allegedly entered into by the defendant on the plaintiff’s behalf | |
| Transactions allegedly entered into by the defendant on the plaintiff’s behalf | |
| Conversation between the plaintiff and Mavis Koh | |
| Plaintiff informed the defendant that he had commenced the present application for pre-action discovery of the Tape Recordings | |
| Judgment reserved |
7. Legal Issues
- Pre-Action Discovery
- Outcome: The court held that the plaintiff was not entitled to pre-action discovery because he already had sufficient knowledge to plead his case.
- Category: Procedural
- Sub-Issues:
- Requirements for granting pre-action discovery
- Whether the plaintiff has sufficient knowledge to plead a case
- Whether pre-action discovery is necessary for disposing fairly of the cause or matter or for saving costs
8. Remedies Sought
- Pre-Action Discovery
9. Cause of Actions
- Breach of Contract
- Breach of Mandate
- Negligence
- Breach of Fiduciary Duty
- Fraud
10. Practice Areas
- Litigation
- Banking Litigation
- Pre-Action Discovery
11. Industries
- Banking
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Kuah Kok Kim and others v Ernst & Young | Court of Appeal | Yes | [1996] 3 SLR(R) 485 | Singapore | Cited for the principle that pre-action discovery is for plaintiffs who cannot plead a case due to lack of knowledge. |
| Bayerische Hypo- und Vereinsbank AG v Asia Pacific Breweries (Singapore) Pte Ltd and other applications | High Court | Yes | [2004] 4 SLR(R) 39 | Singapore | Cited for the principle that pre-action discovery is not for completing the entire picture of the case. |
| Lian Teck Construction Pte Ltd v Woh Hup (Pte) Ltd and others | High Court | Yes | [2005] 1 SLR(R) 266 | Singapore | Cited for the principle that pre-action discovery is not justified by disbelief of the other party's position. |
| Ng Giok Oh v Sajjad Akhtar | High Court | Yes | [2003] 1 SLR(R) 375 | Singapore | Cited for the principle that a claimant with sufficient evidence to mount a claim is not entitled to discovery before proceedings. |
| EC-Asia International Ltd (in liquidation) v PricewaterhouseCoopers | High Court | Yes | [2011] 2 SLR 607 | Singapore | Cited for the principle that pre-action discovery is appropriate when the plaintiff is unable to plead a cause of action without reviewing the requested papers. |
| Shaw v Vauxhall Motors Ltd | Court of Appeal | Yes | [1974] 1 WLR 1035 | England and Wales | Distinguished from the present case; cited by the plaintiff to argue that pre-action discovery should be granted to resolve all disputes and save costs. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| Order 24 Rule 6 of the Rules of Court | Singapore |
| Order 24 Rule 7 of the Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Pre-action discovery
- Equity-linked notes
- Tape recordings
- Authorisation
- Rules of Court
- Cause of action
15.2 Keywords
- Pre-action discovery
- Equity-linked notes
- Banking
- Singapore
- Rules of Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Pre-action discovery | 85 |
| Civil Practice | 70 |
| Banking and Finance | 60 |
| Evidence | 50 |
| Contract Law | 30 |
| Fiduciary Duties | 25 |
16. Subjects
- Civil Procedure
- Pre-Action Discovery
- Banking
- Financial Transactions