Ong Wui Swoon v Ong Wui Teck: Appeal on Estate Account & Costs

In Ong Wui Swoon v Ong Wui Teck, the High Court of Singapore heard an appeal regarding the administration of the late Ong Thiat Gan’s estate. The Sister, Ong Wui Swoon, sued the Brother, Ong Wui Teck, for failing to provide an accurate account of the estate's assets. The court partially allowed the Sister's appeal, setting aside the extension of time granted to the Brother to appeal against the substantive decision of the Assistant Registrar, but allowing the extension of time to appeal against the Assistant Registrar's costs order. The court fixed the costs at $400 to be paid by the Brother to the Sister.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the administrator's duty to account for estate assets and the allocation of inquiry costs. The court partially allowed the appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ong Wui TeckRespondent, AppellantIndividualAppeal dismissed in partLost
Ong Wui Teck of Independent Practitioner
Ong Wui SwoonAppellant, RespondentIndividualAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJusticeYes

4. Counsels

Counsel NameOrganization
Ong Wui TeckIndependent Practitioner
Carolyn TanTan & Au LLP

4. Facts

  1. The Sister sued the Brother for failing to provide an accurate account of their late father's estate.
  2. The court previously ordered an inquiry to determine the assets of the estate.
  3. The Assistant Registrar determined the estate was positive in the sum of $15,756.47.
  4. The Assistant Registrar ordered the Brother to pay the Sister $1,313 as her one-twelfth share of the estate.
  5. A dispute arose as to who was liable for the costs of the inquiry.
  6. The Brother sought an extension of time to appeal against the Assistant Registrar's decision.
  7. The court partially allowed the Sister's appeal, setting aside the extension of time to appeal against the substantive decision but allowing it for the costs order.

5. Formal Citations

  1. Ong Wui Swoon v Ong Wui Teck, Suit No 385 of 2011 (Registrar's Appeal No 54 of 2014) and Originating Summons No 1187 of 2013 (Registrar's Appeal No 72 of 2014), [2014] SGHC 157
  2. Ong Wui Swoon v Ong Wui Teck, , [2013] 1 SLR 733

6. Timeline

DateEvent
Lawsuit filed by the Sister against the Brother in Suit No 385 of 2011.
Written judgment delivered, ordering an inquiry to determine various matters.
Inquiry conducted before Assistant Registrar Shaun Leong in TA 13 of 2013.
AR Leong decided that the Estate was positive in the sum of $15,756.47 and ordered the Brother to pay the Sister $1,313.
AR Leong clarified that his costs order meant that the Brother was liable to pay such costs to the Sister.
The Brother filed Originating Summons No 1187 of 2013 to seek an extension of time to appeal against the decision of AR Leong.
AR Khng granted the Brother’s application for an extension of time to appeal.
The Brother filed Registrar’s Appeal No 54 of 2014 in Suit No 385 of 2011 to appeal against both the substantive decision of AR Leong and his costs order.
The Sister filed an appeal against AR Khng’s decision to grant the Brother’s application for an extension of time to appeal.
RA 54/2014 and RA 72/2014 came up for hearing before Woo Bih Li J.
Decision Date

7. Legal Issues

  1. Extension of Time to Appeal
    • Outcome: The court partially allowed the Sister's appeal, setting aside the extension of time granted to the Brother to appeal against the substantive decision of the Assistant Registrar, but allowing the extension of time to appeal against the Assistant Registrar's costs order.
    • Category: Procedural
    • Sub-Issues:
      • Length of delay
      • Reasons for delay
      • Merits of appeal
      • Degree of prejudice to the other side
  2. Costs of Inquiry
    • Outcome: The court held the Brother liable for the costs of the inquiry and fixed the quantum at $400.
    • Category: Procedural
    • Sub-Issues:
      • Liability for costs
      • Quantum of costs
      • Taxation of costs

8. Remedies Sought

  1. Proper account of estate assets
  2. Damages

9. Cause of Actions

  • Breach of duty as administrator of an estate

10. Practice Areas

  • Litigation
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ong Wui Swoon v Ong Wui TeckHigh CourtYes[2013] 1 SLR 733SingaporeThe judgment refers to the previous decision in the same case, providing background and context for the current appeal.
Anwar Siraj and another v Ting Kang Chung JohnCourt of AppealYes[2010] 1 SLR 1026SingaporeCited for the four main factors to consider in an application for an extension of time to appeal.
Lee Hsien Loong v Singapore Democratic Party and others and another suitHigh CourtYes[2008] 1 SLR(R) 757SingaporeCited to support the point that the precise facts and circumstances of each case are important when considering an application for extension of time.
Denko-HLB Sdn Bhd v Fagerdala Singapore Pte LtdHigh CourtYes[2002] 2 SLR(R) 336SingaporeCited to support the point that a mistake is not in itself necessarily a sufficient reason to grant an extension of time.

13. Applicable Rules

Rule Name
O 56 r 1(3) of the ROC

14. Applicable Statutes

Statute NameJurisdiction
Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Estate
  • Inquiry
  • Extension of time
  • Costs order
  • Substantive decision
  • Registrar's appeal

15.2 Keywords

  • estate
  • appeal
  • costs
  • administrator
  • account
  • Ong Wui Swoon
  • Ong Wui Teck

17. Areas of Law

Area NameRelevance Score
Estate Administration95
Costs85
Succession Law80
Duty to Account70
Civil Procedure60
Judgments and Orders50
Duty of Candour40

16. Subjects

  • Civil Procedure
  • Estate Administration
  • Appeals