Ong Jane Rebecca v PricewaterhouseCoopers: Professional Negligence Claim Dismissed
In Ong Jane Rebecca v PricewaterhouseCoopers and others, the High Court of Singapore dismissed Jane Rebecca Ong's claim against PricewaterhouseCoopers, PricewaterhouseCoopers LLP, and Arul Chew & Partners for professional negligence. The claim arose from their roles as experts and legal advisor in an earlier inquiry related to Ong's share of an estate. The court also awarded judgment to PricewaterhouseCoopers and Arul Chew & Partners on their counterclaims for unpaid professional fees. The plaintiff's action against PricewaterhouseCoopers LLP was also dismissed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Claim dismissed; judgment for PricewaterhouseCoopers and Arul Chew & Partners on their counterclaims; action against PricewaterhouseCoopers LLP dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Claim for professional negligence against PricewaterhouseCoopers and Arul Chew & Partners dismissed after plaintiff refused to continue trial.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Jane Rebecca | Plaintiff | Individual | Claim Dismissed | Lost | Woo Tchi Chu, Grace Tan |
| PricewaterhouseCoopers | Defendant | Corporation | Judgment for Defendant on Counterclaim | Won | Ang Cheng Hock, Ramesh Selvaraj, Tan Kai Liang |
| PricewaterhouseCoopers LLP | Defendant | Limited Liability Partnership | Action Dismissed | Won | Ang Cheng Hock, Ramesh Selvaraj, Tan Kai Liang |
| Arul Chew & Partners | Defendant | Partnership | Judgment for Defendant on Counterclaim | Won | Chandra Mohan, Gillian Hauw |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Woo Tchi Chu | Robert Wang & Woo LLP |
| Grace Tan | Robert Wang & Woo LLP |
| Ang Cheng Hock | Allen & Gledhill LLP |
| Ramesh Selvaraj | Allen & Gledhill LLP |
| Tan Kai Liang | Allen & Gledhill LLP |
| Chandra Mohan | Rajah & Tann LLP |
| Gillian Hauw | Rajah & Tann LLP |
4. Facts
- Plaintiff sued PricewaterhouseCoopers and Arul Chew & Partners for professional negligence.
- The claim arose from their roles as experts and legal advisor in an earlier inquiry.
- Plaintiff refused to continue with the trial, leading to the dismissal of her claim.
- The defendants counterclaimed for unpaid professional fees.
- Plaintiff had a history of failing to comply with court timelines.
- Plaintiff was under an Individual Voluntary Arrangement (IVA) in the UK.
- The first defendant suffered prejudice due to the death of a key witness.
5. Formal Citations
- Ong Jane Rebecca v PricewaterhouseCoopers and others, Suit No 156 of 2006 and Summons No 9 of 2012, [2012] SGHC 106
6. Timeline
| Date | Event |
|---|---|
| Ong Seng King died intestate | |
| ST Ong executed a deed of release | |
| ST Ong assigned half of his share in the estate to the plaintiff via a deed of assignment | |
| Plaintiff commenced litigation saga in Originating Summons No 939 of 1991 | |
| OS converted to a writ of summons | |
| Justice Chao Hick Tin ruled in favor of the plaintiff | |
| Appeal heard by the Court of Appeal | |
| Court of Appeal dismissed Mdm Lim's appeal | |
| Plaintiff discussed expert witness engagement with the second defendant | |
| Plaintiff engaged the first defendant's services | |
| First defendant produced an interim report | |
| Andre Arul became sole proprietor of the third defendant | |
| Inquiry ordered by Chao J commenced | |
| AR Phang delivered judgment assessing the net values of the estate | |
| All appeals were dismissed in CA decision | |
| Plaintiff entered into an Individual Voluntary Arrangement with her creditors in the UK | |
| Plaintiff commenced suit against the three defendants for professional negligence | |
| Writ served after renewal | |
| Chan Ket Teck passed away (late 2008) | |
| Pre-trial conference held | |
| Engelin Teh Practice LLC appointed as plaintiff's solicitor | |
| Mdm Lim passed away | |
| Plaintiff's statement of claim (Amendment No 1) filed | |
| Trial dates and timelines given at a pre-trial conference | |
| Engelin Teh Practice LLC reappointed as plaintiff's solicitor | |
| Woo J pushed back the start of trial by one week | |
| Court of Appeal dismissed the plaintiff's expedited appeal | |
| Second defendant filed Summons No 4471 of 2011 | |
| Second defendant's application granted | |
| Parties appeared in chambers for the urgent hearing of Summons No 4491 of 2011 | |
| Trial commenced | |
| Plaintiff's cross-examination concluded | |
| Plaintiff refused to continue with the trial; claim dismissed; judgment on counterclaims awarded | |
| Formal judgment extracted by the first/second defendants | |
| Plaintiff reverted voicing her objections to indemnity costs | |
| Supreme Court Registry informed the plaintiff that a hearing date would be fixed for arguments on costs | |
| Robert Wang & Woo LLP appointed as plaintiff's solicitors; first appeal filed | |
| Plaintiff applied in Summons No 9 of 2012 to set aside the judgment and stay the first appeal | |
| ETP wrote two responses to the allegations made against ETP in the plaintiff's first affidavit | |
| ETP wrote two responses to the allegations made against ETP in the plaintiff's first affidavit | |
| Appeal application heard and dismissed | |
| Third defendant's solicitors wrote to inform that their clients had decided not to pursue their claim for indemnity costs | |
| Third defendant extracted an order of court | |
| First/second defendants’ solicitors wrote to inform that their clients had decided not to pursue their claim for indemnity costs | |
| Plaintiff filed a second notice of appeal in Civil Appeal No 25 of 2012 | |
| Decision Date |
7. Legal Issues
- Professional Negligence
- Outcome: The court dismissed the plaintiff's claim of professional negligence against the defendants.
- Category: Substantive
- Abuse of Process
- Outcome: The court found that granting the appeal application would be an abuse of process.
- Category: Procedural
8. Remedies Sought
- Damages for Professional Negligence
9. Cause of Actions
- Professional Negligence
10. Practice Areas
- Commercial Litigation
11. Industries
- Accounting
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ong Jane Rebecca v Lim Lie Hoa and Another | High Court | Yes | [1996] SGHC 140 | Singapore | Ruling in favor of the plaintiff on the validity of the deed of assignment and the unenforceability of the deed of release. |
| Lim Lie Hoa and Another v Ong Jane Rebecca | Court of Appeal | Yes | [1997] 1 SLR(R) 775 | Singapore | Dismissal of Mdm Lim's appeal against Chao J's decision. |
| Unknown | Unknown | Yes | [2002] 1 SLR(R) 798 | Singapore | Mentioned as part of the litigation history. |
| Unknown | Unknown | Yes | [2002] 2 SLR(R) 1078 | Singapore | Mentioned as part of the litigation history. |
| Unknown | Unknown | Yes | [2003] 1 SLR(R) 457 | Singapore | Mentioned as part of the litigation history. |
| Unknown | Unknown | Yes | [2004] 4 SLR(R) 301 | Singapore | Mentioned as part of the litigation history. |
| Unknown | Unknown | Yes | [2008] 3 SLR(R) 189 | Singapore | Mentioned as part of the litigation history. |
| Unknown | Unknown | Yes | [2009] 2 SLR(R) 798 | Singapore | Mentioned as part of the litigation history. |
| Lim Lie Hoa and Another v Ong Jane Rebecca | Court of Appeal | Yes | [2005] 3 SLR(R) 116 | Singapore | Dismissal of all appeals against AR Phang's decision. |
| Unknown | High Court | Yes | [2011] SGHC 203 | Singapore | Endorsement of Woo J's observation regarding the plaintiff's abuse of her position as a lay litigant and failure to comply with timelines. |
| Su Sh-Hsyu v Wee Yue Chew | Court of Appeal | Yes | [2007] 3 SLR(R) 673 | Singapore | Cited in support of the appeal application but distinguished by the court. |
| Brosco International Pte Ltd v Furniture & Household Square Ltd | High Court | Yes | [1997] [SGHC] 226 | Singapore | Cited as a case on point where the defendant's counsel walked out of the proceedings, and the court proceeded to hear the case ex parte. |
13. Applicable Rules
| Rule Name |
|---|
| Order 35 r 2 of the Rules of Court |
| Order 35 r 1 |
| Rule 71 of the Legal Profession (Professional) Conduct Rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Professional Negligence
- Individual Voluntary Arrangement
- IVA
- Expert Witness
- Legal Advisor
- Counterclaim
- Abuse of Process
- Lay Litigant
- Inquiry
- Deed of Assignment
- Deed of Release
15.2 Keywords
- Professional Negligence
- PricewaterhouseCoopers
- Arul Chew & Partners
- Singapore High Court
- Civil Litigation
- Dismissal
- Counterclaim
- IVA
- Individual Voluntary Arrangement
16. Subjects
- Civil Litigation
- Professional Liability
17. Areas of Law
- Professional Negligence
- Civil Procedure