Chiam Heng Hsien v Law Society: Application for Disciplinary Tribunal
In Chiam Heng Hsien and another v Law Society of Singapore, the High Court of Singapore dismissed the plaintiff's application for an order directing the Law Society to conduct a formal investigation by a Disciplinary Tribunal against Mr Andre Francis Maniam and Ms Koh Swee Yen. The court, presided over by Lee Seiu Kin J on 25 January 2013, upheld the Law Society's decision that no further action was warranted, finding no merit in the plaintiff's complaints. The plaintiff's application was dismissed with costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed Chiam Heng Hsien's application for a formal investigation by a Disciplinary Tribunal against two solicitors, upholding the Law Society's decision.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Defendant | Statutory Board | Application Dismissed | Won | |
| CHIAM HENG HSIEN | Plaintiff | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Prabhakaran Nair | Derrick Wong & Lim BC LLP |
4. Facts
- The plaintiff lodged a complaint against Mr Andre Francis Maniam and Ms Koh Swee Yen.
- Inquiry committee no 55 of 2008 found that a formal investigation was not necessary.
- The plaintiff filed originating summons no 849 of 2009 to apply for an order under s 96 of the Legal Profession Act.
- Andrew Ang J dismissed the application with costs fixed at $5,000.
- The plaintiff lodged another complaint with TLS against the Solicitors.
- Inquiry committee no 18 of 2010 decided that it should be dismissed with no further action to be taken against the Solicitors.
5. Formal Citations
- Chiam Heng Hsien and another v Law Society of Singapore, Originating Summons No 386 of 2012, [2013] SGHC 24
6. Timeline
| Date | Event |
|---|---|
| Complaint lodged with the Law Society against Mr Andre Francis Maniam and Ms Koh Swee Yen | |
| Inquiry committee no 55 of 2008 published its report | |
| Originating summons no 849 of 2009 dismissed by Andrew Ang J | |
| Plaintiff lodged another complaint with the Law Society against the Solicitors | |
| Inquiry committee no 18 of 2010 published its report | |
| Originating summons taken out by the plaintiff | |
| Parties heard in court | |
| Application dismissed with costs |
7. Legal Issues
- Whether a formal investigation by a Disciplinary Tribunal should be conducted
- Outcome: The court dismissed the application, finding no ground to make the order prayed for under s 96 of the Legal Profession Act.
- Category: Substantive
8. Remedies Sought
- Order for a formal investigation by a Disciplinary Tribunal
- Order for the Law Society of Singapore to refer the matter to the 3-Judges Court
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Disciplinary Proceedings
11. Industries
- Legal Services
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 |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Disciplinary Tribunal
- Law Society
- Legal Profession Act
- Inquiry Committee
15.2 Keywords
- Disciplinary Tribunal
- Law Society
- Legal Profession Act
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Profession Act | 90 |
| Disciplinary Proceedings | 85 |
| Legal Ethics and Professional Responsibility | 75 |
16. Subjects
- Legal Profession
- Disciplinary Proceedings