Ten Leu Jiun Jeanne-Marie v National University of Singapore: Wrongful Termination of Candidature & Without Prejudice Privilege

In Ten Leu Jiun Jeanne-Marie v National University of Singapore, the High Court of Singapore heard an appeal regarding the plaintiff's application to amend her statement of claim in a case against the defendant for wrongful termination of her candidature. The defendant objected to the inclusion of certain emails from the Ministry of Education, arguing they were sent on a without prejudice basis. The High Court allowed the appeal, concluding that the emails were indeed sent on a without prejudice basis and should not be included in the amended statement of claim.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case regarding wrongful termination of candidature. The court ruled that emails from the Ministry of Education were sent on a without prejudice basis.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ten Leu Jiun Jeanne-MariePlaintiffIndividualAppeal DismissedLost
National University of SingaporeDefendantStatutory BoardAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Harjean KaurAdvocatus Law LLP
Christopher Anand DanielAdvocatus Law LLP
Chia Voon JietDrew & Napier LLC
Kelly LuaDrew & Napier LLC

4. Facts

  1. The plaintiff was a candidate for the degree of Master of Arts in Architecture at the National University of Singapore.
  2. The plaintiff filed an action against the defendant for wrongful termination of her candidature.
  3. The plaintiff applied to amend her statement of claim to include references to two emails from the Ministry of Education.
  4. The defendant objected to the inclusion of the emails, arguing they were sent on a without prejudice basis.
  5. An assistant registrar rejected the defendant’s objection, and the defendant appealed.
  6. The MOE emails contained an offer on behalf of the defendant to the plaintiff in a genuine attempt to resolve the dispute between the parties.

5. Formal Citations

  1. Ten Leu Jiun Jeanne-Marie v National University of Singapore, Suit No 667 of 2012 (Registrar's Appeal No 279 of 2014), [2014] SGHC 217

6. Timeline

DateEvent
Ministry of Education sent email to the plaintiff
Ministry of Education sent email to the plaintiff
Plaintiff filed action against the defendant
Plaintiff applied for further discovery of documents
Assistant Registrar dismissed the plaintiff’s application for discovery
Discovery Appeal dismissed by Tan Siong Thye JC
Application for leave to appeal dismissed by Tan JC
Plaintiff applied to amend her statement of claim
Assistant Registrar rejected the defendant’s objection to the disputed sub-paragraphs
Appeal allowed

7. Legal Issues

  1. Without Prejudice Privilege
    • Outcome: The court held that the MOE Emails were sent on a without prejudice basis and were privileged from disclosure.
    • Category: Substantive
    • Related Cases:
      • [2007] 2 SLR(R) 433
  2. Admissibility of Evidence
    • Outcome: The court ruled that the MOE emails were inadmissible as evidence due to without prejudice privilege.
    • Category: Procedural
  3. Res Judicata
    • Outcome: The court considered the argument of res judicata but ultimately decided the issue of without prejudice privilege afresh.
    • Category: Procedural

8. Remedies Sought

  1. Amendment of Statement of Claim

9. Cause of Actions

  • Wrongful Termination

10. Practice Areas

  • Litigation

11. Industries

  • Education

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Sin Lian Heng Construction Pte Ltd v Singapore Telecommunications LtdHigh CourtYes[2007] 2 SLR(R) 433SingaporeCited for the principle that the absence of the words 'without prejudice' is not determinative in favour of the plaintiff’s position.
Review Publishing Co Ltd and another v Lee Hsien Loong and another appealN/AYes[2010] 1 SLR 52SingaporeCited regarding whether the proposed amendments would enable the real questions or issues in controversy between the parties be determined

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Without Prejudice
  • Privilege
  • Statement of Claim
  • Ministry of Education
  • Candidature
  • Wrongful Termination
  • Res Judicata
  • Mediatory Capacity

15.2 Keywords

  • Without Prejudice
  • Privilege
  • Ministry of Education
  • Wrongful Termination
  • Singapore
  • High Court
  • Civil Case

17. Areas of Law

Area NameRelevance Score
Legal Privilege80
Civil Procedure70
Contract Law30
Estoppel20
Affidavits10

16. Subjects

  • Civil Procedure
  • Evidence
  • Without Prejudice Communications