Anwar v Ng Chong & Hue: Negligence Claim over Mortgage & Personal Guarantees
Anwar Patrick Adrian and Andrew Anwar sued Ng Chong & Hue LLC and Ng Soon Kai in the High Court of Singapore, alleging negligence related to mortgage documents and personal guarantees. The plaintiffs claimed the defendants failed to advise them properly during negotiations with Societe Generale Bank & Trust (SocGen), leading to financial loss. Choo Han Teck J dismissed the action, finding no solicitor-client relationship between the defendants and the plaintiffs, and questioning the credibility of the plaintiffs' evidence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The plaintiffs' action is dismissed with costs to be taxed if not agreed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment reserved
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiffs sued lawyers for negligence, alleging failure to prevent personal guarantees on mortgages. The court dismissed the claim, finding no solicitor-client relationship.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Anwar Patrick Adrian | Plaintiff | Individual | Claim Dismissed | Lost | Tan Cheng Han, Balachandran s/o Ponnampalam |
| Andrew Anwar | Plaintiff | Individual | Claim Dismissed | Lost | Tan Cheng Han, Balachandran s/o Ponnampalam |
| Ng Chong & Hue LLC | Defendant | Corporation | Judgment for Defendant | Won | Michael Khoo, Andy Chiok, Josephine Low |
| Ng Soon Kai | Defendant | Individual | Judgment for Defendant | Won | Michael Khoo, Andy Chiok, Josephine Low |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Cheng Han | Robert Wang & Woo LLP |
| Balachandran s/o Ponnampalam | Robert Wang & Woo LLP |
| Michael Khoo | Michael Khoo & Partners |
| Andy Chiok | Michael Khoo & Partners |
| Josephine Low | Michael Khoo & Partners |
4. Facts
- Ng Soon Kai, a lawyer, acted for Agus Anwar in property purchases.
- The Devonshire properties were purchased in 2006, and the Scotts properties in 2007.
- Agus Anwar sought Ng's help after SocGen demanded payment of US$8,079,204.41.
- Ng offered the Devonshire and Scotts properties as additional collaterals to SocGen.
- SocGen initially requested personal guarantees from the plaintiffs but later waived them in the Forbearance Agreement.
- The mortgage documents contained personal covenants by the plaintiffs for Agus Anwar's debts.
- The plaintiffs settled SocGen’s claims in Suit No 365 of 2009 by paying US$1m.
5. Formal Citations
- Anwar Patrick Adrian and another v Ng Chong & Hue LLC and another, Suit No 455 of 2012, [2013] SGHC 202
6. Timeline
| Date | Event |
|---|---|
| Ng Soon Kai met Agus Anwar. | |
| Devonshire properties were purchased. | |
| Scotts properties were purchased. | |
| Societe Generale Bank & Trust served a notice of demand on Agus Anwar. | |
| Ng wrote to Allen & Gledhill regarding additional collaterals. | |
| SocGen requested the Devonshire and Scotts properties as additional collaterals. | |
| Ng wrote to A&G regarding SocGen’s letter and Agus Anwar's instructions. | |
| SocGen demanded the full debt due. | |
| A&G sent a Forbearance Agreement to Agus Anwar. | |
| Ng received a Forbearance Agreement from A&G. | |
| SocGen issued fresh demands through A&G. | |
| SocGen issued fresh demands through A&G. | |
| SocGen sued Agus Anwar, the first plaintiff, the second plaintiff, SITPL, and SSTPL under the Forbearance Agreement. | |
| The first and second plaintiffs instructed Tan Kok Quan Partnership. | |
| The first and second plaintiffs compromised with SocGen. | |
| The first and second plaintiffs looked to Ng and NC&H. | |
| Suit No 455 of 2012 filed. | |
| Judgment reserved by Choo Han Teck J. | |
| The appeal to this decision in Civil Appeal No 138 of 2013 was allowed by the Court of Appeal. |
7. Legal Issues
- Negligence
- Outcome: The court found that the defendants did not owe the plaintiffs a duty of care and were therefore not liable for negligence.
- Category: Substantive
- Solicitor-Client Relationship
- Outcome: The court held that no solicitor-client relationship existed between the defendants and the plaintiffs.
- Category: Substantive
8. Remedies Sought
- Damages for negligence
- Reimbursement of legal costs incurred in defending Suit No 365 of 2009
9. Cause of Actions
- Negligence
10. Practice Areas
- Commercial Litigation
11. Industries
- Banking
- Legal
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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Nominee
- Forbearance Agreement
- Mortgage
- Personal Guarantee
- Filial Piety
15.2 Keywords
- Negligence
- Solicitor
- Mortgage
- Personal Guarantee
- Duty of Care
16. Subjects
- Professional Liability
- Banking Law
- Mortgages
17. Areas of Law
- Professional Negligence
- Contract Law