Lim Kok Lian v Lee Patricia: Striking Out Counterclaims for Malicious Prosecution, Abuse of Process, and Conspiracy
In Lim Kok Lian v Lee Patricia, the High Court of Singapore heard appeals regarding the striking out of counterclaims. Lim Kok Lian, executor of his mother's estate, sued his sister Patricia Lee and her son Mark Tan Chai Ming for fraudulent breach of trust. Patricia and Mark counterclaimed against Lim Kok Lian and his brothers for malicious prosecution, abuse of process, and conspiracy. The court dismissed the appeals to strike out the claim for malicious civil proceedings, but allowed the appeals in part regarding the claims for abuse of process, conspiracy by unlawful means, and conspiracy by lawful means.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Registrar's Appeals Nos 253 and 254 of 2014 are dismissed with costs while Registrar's Appeals Nos 255 and 256 of 2014 are allowed in part with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case regarding striking out counterclaims for malicious prosecution, abuse of process, and conspiracy. The court allowed appeals in part.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Kok Lian | Plaintiff, Respondent | Individual | Appeal dismissed in part | Partial | |
| Lee Patricia | Defendant, Appellant | Individual | Appeal allowed in part | Partial | |
| Mark Tan Chai Ming | Defendant, Appellant | Individual | Appeal allowed in part | Partial | |
| Lim Kok Kian Chiao Ki | Respondent | Individual | Appeal dismissed in part | Partial | |
| Peter Michael Lee Yong Pee | Respondent | Individual | Appeal dismissed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Edmund Leow | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- Lim Kok Lian sued his sister, Patricia Lee, and her son, Mark Tan Chai Ming, for fraudulent breach of trust.
- Patricia Lee and Mark Tan Chai Ming filed a counterclaim against Lim Kok Lian and his two brothers for malicious prosecution, abuse of process, and conspiracy.
- The Assistant Registrar struck out the counterclaims against Lim Kok Lian's brothers, except for the claim in conspiracy by lawful means.
- Lim Kok Lian's brothers appealed against the AR’s decision not to strike out the remaining claim.
- Patricia Lee and Mark Tan Chai Ming appealed against the AR’s decision to strike out the other three claims.
5. Formal Citations
- Lim Kok Lian (executor and trustee of the estate of Lee Biau Luan, deceased) v Lee Patricia (executor and trustee of the estate of Lee Biau Luan, deceased) and another, Suit No 584 of 2013, [2014] SGHC 272
6. Timeline
| Date | Event |
|---|---|
| Suit No 584 of 2013 filed | |
| Defence & Counterclaim (Amendment No 3) dated | |
| Summons No 2794 of 2014 filed | |
| Summons No 2305 of 2014 filed | |
| Hearing held | |
| Judgment reserved | |
| Decision Date |
7. Legal Issues
- Striking out of pleadings
- Outcome: The court considered the threshold for striking out a claim under O 18 r 19 of the Rules of Court.
- Category: Procedural
- Malicious Civil Proceedings
- Outcome: The court affirmed the AR’s decision to strike out the claim for malicious civil proceedings.
- Category: Substantive
- Abuse of Process
- Outcome: The court allowed the appeal in relation to the tort of abuse of process.
- Category: Substantive
- Conspiracy by Unlawful Means
- Outcome: The court declined to strike out the claim for conspiracy by unlawful means.
- Category: Substantive
- Conspiracy by Lawful Means
- Outcome: The court declined to strike out the claim for conspiracy by lawful means.
- Category: Substantive
8. Remedies Sought
- Striking out of counterclaims
- Damages
9. Cause of Actions
- Fraudulent Breach of Trust
- Malicious Prosecution of Civil Proceedings
- Abuse of Process
- Conspiracy
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Crawford Adjusters and others v Sagicor General Insurance (Cayman) Limited and another | Privy Council | Yes | [2013] UKPC 17 | United Kingdom | Cited for the elements of malicious civil proceedings and abuse of process. |
| Land Securities plc and others v Fladgate Fielder (a firm) | Chancery Division | Yes | [2010] Ch 467 | England and Wales | Cited regarding the tort of abuse of process and whether obtaining bargaining leverage to facilitate a compromise qualifies as a collateral purpose. |
| The “Bunga Melati 5” | Court of Appeal | Yes | [2012] 4 SLR 546 | Singapore | Cited for the practice of correlating arguments to the exact limb under O 18 r 19(1) of the Rules of Court. |
| Bhagwan Singh v Chand Singh | High Court | Yes | [1968-1970] SLR(R) 50 | Singapore | Cited as a case that seems to have recognized the tort of malicious civil proceedings. |
| Strategic Worldwide Assets Ltd v Sandz Solutions (Singapore) Pte Ltd and others (Tan Choon Wee and another, third parties) | High Court | Yes | [2013] 4 SLR 662 | Singapore | Cited for the observation that a claim for malicious prosecution generally applies to criminal prosecution only. |
| Sandz Solutions (Singapore) Pte Ltd and others v Strategic Worldwide Assets Ltd and others | Court of Appeal | Yes | [2014] 3 SLR 562 | Singapore | Cited as an appeal case where the court made no mention of Prakash J’s observation regarding the tort of malicious prosecution. |
| Raffles Town Club v Lim Eng Hock Peter and others and other appeals | Court of Appeal | Yes | [2013] 1 SLR 374 | Singapore | Cited for allowing a claim in conspiracy even though the only damage suffered was legal costs. |
| Then Khek Koon and another v Arjun Permanand Samtani and another and other suits | High Court | Yes | [2014] 1 SLR 245 | Singapore | Cited regarding the issue of whether the appellants could recover as damages the unrecovered legal costs of previous proceedings. |
| Maryani Sadeli v Arjun Permanand Samtani and another and other appeals | Court of Appeal | Yes | [2014] SGCA 55 | Singapore | Cited regarding the issue of whether the appellants could recover as damages the unrecovered legal costs of previous proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| O 18 r 19 of the Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Striking out
- Malicious civil proceedings
- Abuse of process
- Conspiracy
- Rules of Court
- Collateral purpose
- Actionable damage
- Predominant purpose
15.2 Keywords
- striking out
- malicious prosecution
- abuse of process
- conspiracy
- civil procedure
- Singapore
17. Areas of Law
16. Subjects
- Civil Procedure
- Tort Law