Ching Mun Fong v Standard Chartered Bank: Pre-Action Discovery in Contract and Tort Claims

In Ching Mun Fong v Standard Chartered Bank, the High Court of Singapore dismissed Ching Mun Fong's appeal against the Assistant Registrar's decision to deny her application for pre-action discovery. Ching Mun Fong, a private banking client of Standard Chartered Bank, sought voice logs related to Commodity-Linked Premium Currency Investments (CPCI) deals, claiming breach of contract and negligence. The court, led by Justice Lai Siu Chiu, held that Ching Mun Fong could initiate proceedings and plead her case without the voice logs, as the purpose of pre-action discovery is to enable a potential plaintiff to commence proceedings, not to augment their case. The court found that Ching Mun Fong already possessed sufficient information to bring her claim.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Ching Mun Fong's application for pre-action discovery against Standard Chartered Bank was dismissed, as she could plead her case without the requested voice logs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ching Mun FongPlaintiff, AppellantIndividualAppeal DismissedLostSuresh Damodara
Standard Chartered BankDefendant, RespondentCorporationAppeal DismissedWonPatrick Ang, Mohammed Reza, Alina Chia

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Suresh DamodaraDamodara Hazra LLP
Patrick AngRajah & Tann LLP
Mohammed RezaRajah & Tann LLP
Alina ChiaRajah & Tann LLP

4. Facts

  1. The plaintiff opened an account with the defendant on 4 August 2009.
  2. The account opening form was subject to the Standard Chartered Private Bank General Terms and Conditions.
  3. The defendant was instructed by the plaintiff to enter into two Commodity-Linked Premium Currency Investments (CPCI) deals.
  4. The CPCI deals involved currency options.
  5. On 11 and 14 September 2009, the defendant exercised the currency options such that US Dollars was credited into the plaintiff’s account.
  6. The plaintiff disputed the defendant’s entitlement to exercise the currency options in that manner.
  7. The plaintiff sought pre-action discovery of voice logs of communications with the defendant’s representatives.

5. Formal Citations

  1. Ching Mun Fong v Standard Chartered Bank, Originating Summons No 149 of 2011 (Registrar's Appeal No 236 of 2011), [2012] SGHC 5

6. Timeline

DateEvent
Account opened with Standard Chartered Bank
Defendant exercised currency options
Defendant exercised currency options
Originating Summons No 149 of 2011 filed
Registrar's Appeal No 236 of 2011 filed
Appeal dismissed by High Court
Civil Appeal No 120 of 2011 dismissed by Court of Appeal

7. Legal Issues

  1. Pre-Action Discovery
    • Outcome: The court dismissed the plaintiff's application for pre-action discovery, finding that the plaintiff was able to plead her case without the requested discovery.
    • Category: Procedural
    • Related Cases:
      • [1996] 3 SLR(R) 485
      • [2004] 4 SLR(R) 39
      • [2003] 1 SLR(R) 375
      • [2003] SLR(R) 321
  2. Breach of Contract
    • Outcome: The court did not make a determination on whether there was a breach of contract, as the issue was whether pre-action discovery should be granted.
    • Category: Substantive
  3. Negligence
    • Outcome: The court did not make a determination on whether there was negligence, as the issue was whether pre-action discovery should be granted.
    • Category: Substantive

8. Remedies Sought

  1. Pre-Action Discovery

9. Cause of Actions

  • Breach of Contract
  • Negligence

10. Practice Areas

  • Commercial Litigation
  • Banking Litigation

11. Industries

  • Banking
  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Kuah Kok Kim v Ernst & YoungCourt of AppealYes[1996] 3 SLR(R) 485SingaporeCited to explain the purpose of pre-action discovery, which is to assist a plaintiff who does not yet know whether he has a viable claim against the defendant.
Bayerische Hypo-und Vereinsbank AG v Asia Pacific Breweries (Singapore) Pte LtdHigh CourtYes[2004] 4 SLR(R) 39SingaporeCited to illustrate that pre-action discovery would be refused if the purpose of the application was to enable the potential plaintiff to either assess or augment the strength of his claim.
Ng Giok Oh v Sajjad AkhtarHigh CourtYes[2003] 1 SLR(R) 375SingaporeCited to support the principle that pre-action discovery is not an instrument for private detectives snooping for action.
Beckkett Pte Ltd v Deutsche Bank AG Singapore BranchUnknownYes[2003] SLR(R) 321SingaporeCited as an example where pre-action discovery was granted because the plaintiff would have no idea whether it had a basis to bring a claim against the defendant without the information sought.

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R5, 2006 Rev Ed) O 24 r 6(1)
Rules of Court (Cap 322, R5, 2006 Rev Ed) O 24 r 7
Rules of Court (Cap 322, R5, 2006 Rev Ed) O 24 r 1
Rules of Court (Cap 322, R5, 2006 Rev Ed) O 24 r 5

14. Applicable Statutes

Statute NameJurisdiction
Banking Act (Cap 19, 2008 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Pre-Action Discovery
  • Commodity-Linked Premium Currency Investments
  • CPCI
  • Voice Logs
  • Banking Act
  • Standard Chartered Private Bank General Terms and Conditions

15.2 Keywords

  • pre-action discovery
  • banking
  • contract
  • negligence
  • voice logs
  • Standard Chartered Bank
  • Commodity-Linked Premium Currency Investments

16. Subjects

  • Civil Procedure
  • Discovery
  • Banking
  • Contract Law
  • Tort Law

17. Areas of Law

  • Civil Procedure
  • Banking Law
  • Contract Law
  • Tort Law
  • Pre-Action Discovery