Ang Tin Gee v Pang Teck Guan: Stakeholder Order, Stay of Execution, and Bankruptcy Application in Partnership Dispute
In a partnership dispute, Ang Tin Gee applied for payment out of stake money held by a law firm, which Pang Teck Guan opposed due to a bankruptcy application filed by his wife. The High Court of Singapore, on 14 September 2015, ordered the payment to Ang Tin Gee, finding that the Stakeholder Order and Stay of Execution Order secured the funds for Ang, making her a secured creditor. The court dismissed Pang's interpleader summons and rejected the argument that the bankruptcy application should affect the payment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Payment out of the stake money to the plaintiff’s solicitors was ordered.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court ordered the release of stake money to Ang Tin Gee, the plaintiff, despite a bankruptcy application by Pang Teck Guan's wife. The court held that the Stakeholder Order and Stay of Execution Order ring-fenced the money for the plaintiff.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| ANG TIN GEE | Plaintiff | Individual | Judgment for Plaintiff | Won | Lai Mun Onn |
| PANG TECK GUAN | Defendant | Individual | Application Dismissed | Lost | Yeo Choon Hsien Leslie |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lai Mun Onn | Lai Mun Onn & Co |
| Yeo Choon Hsien Leslie | Sterling Law Corporation |
4. Facts
- Suit 697/2010 was a partnership dispute concluded in favor of the plaintiff in 2011.
- The plaintiff applied for an injunction to prevent the defendant from dealing with the sale proceeds of his property.
- The Stakeholder Order required the net sale proceeds to be held by a neutral stakeholder.
- The defendant applied for a stay of execution pending appeal of AR Yeo’s decisions.
- The Stay of Execution Order directed the law firm to hold the stake money pending the appeal outcome.
- The defendant’s counsel agreed that the stake money secured the plaintiff’s fruits of litigation.
- A bankruptcy application was filed by the defendant’s wife after the Consent Order.
5. Formal Citations
- Ang Tin Gee v Pang Teck Guan, Suit No 697 of 2010 (SUM No 6145 of 2013), [2015] SGHC 241
6. Timeline
| Date | Event |
|---|---|
| Suit No 697 of 2010/A filed | |
| Judgment handed down in favor of the plaintiff | |
| Pre-trial conferences began | |
| Summons No 2481 of 2012 filed | |
| Stakeholder Order issued | |
| Pre-trial conferences concluded | |
| Account and Enquiry heard before AR Yeo commenced | |
| AR Yeo rendered decisions | |
| AR Yeo rendered decisions | |
| Costs taxed | |
| Application for stay of execution pending appeal filed | |
| Stay of Execution Order granted | |
| Consent Order made in Registrar’s Appeal Nos 383 and 384 of 2013 | |
| Costs Review concluded | |
| Bankruptcy application filed by defendant’s wife | |
| Interpleader application filed | |
| Payment out of stake money ordered | |
| Reasons for decision published |
7. Legal Issues
- Stakeholder Order
- Outcome: The court held that the Stakeholder Order secured the plaintiff's interests in the stake money.
- Category: Substantive
- Stay of Execution Order
- Outcome: The court held that the Stay of Execution Order operated as a conditional payment to the plaintiff.
- Category: Substantive
- Bankruptcy Application
- Outcome: The court held that the bankruptcy application did not fetter the court's discretion to order payment out.
- Category: Procedural
- Secured Creditor Status
- Outcome: The court held that the plaintiff was a secured creditor to the extent of the stake money.
- Category: Substantive
- Related Cases:
- [1992] 1 SLR(R) 941
- [1897] 2 QB 516
- [1900] 2 QB 211
- [1988] 1 WLR 1122
- [1996] BPIR 302
8. Remedies Sought
- Payment out of stake money
- Injunction
9. Cause of Actions
- Breach of Partnership Agreement
10. Practice Areas
- Commercial Litigation
- Insolvency Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ang Tin Gee v Pang Teck Guan | High Court | Yes | [2011] SGHC 259 | Singapore | Details the facts and disputes of the partnership dispute that led to the initial judgment in favor of the plaintiff. |
| Ang Tin Gee v Pang Teck Guan | High Court | Yes | [2013] SGHCR 26 | Singapore | Refers to the appeal of AR Yeo’s 2013 decisions. |
| Cheng Lip Kwong v Bangkok Bank Ltd | Court of Appeal | Yes | [1992] 1 SLR(R) 941 | Singapore | Cited for the principle that money paid into court as security is secured for the benefit of the other party, even in the event of insolvency. |
| In re Gordon, ex parte Navalchand | Queen's Bench | Yes | [1897] 2 QB 516 | England and Wales | Cited to support the view that money paid into court becomes subject to the plaintiff's claim and is considered a conditional payment. |
| Re Ford, ex parte The Trustee | Queen's Bench | Yes | [1900] 2 QB 211 | England and Wales | Cited for the principle that money paid into court as a condition of leave to defend serves as security for the plaintiff. |
| Halvanon Insurance Co Ltd v Central Reinsurance Corporation and another | High Court | Yes | [1988] 1 WLR 1122 | England and Wales | Cited to show that money paid into a joint account 'to abide the event of the action' is equivalent to payment into court. |
| Re Mordant, Mordant v Halls | High Court | Yes | [1996] BPIR 302 | England and Wales | Cited to support the principle that money paid into a stakeholder account to meet claims is protected from the payee's subsequent bankruptcy. |
| Jeyaretnam Joshua Benjamin v Indra Krishnan | High Court | Yes | [2007] 3 SLR(R) 433 | Singapore | Cited regarding the retention of enforcement benefits by a creditor before a bankruptcy order. |
| Cheo Sharon Andriesz v Official Assignee of the estate of Andriesz Paul Matthew, a bankrupt | Court of Appeal | Yes | [2013] 2 SLR 297 | Singapore | Cited for the application and interpretation of s 77 of the Bankruptcy Act. |
| Lee Sian Hee | High Court | Yes | [1992] 1 SLR 77 | Singapore | Cited regarding stay of execution. |
| Lian Soon Construction Pte Ltd | High Court | Yes | [1999] 1 SLR(R) 1053 | Singapore | Cited regarding stay of execution. |
| Lee Kuan Yew v JBJ (No. 2) | High Court | Yes | [1991] 1 MLJ 83 | Singapore | Cited regarding stay of execution. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Bankruptcy Act (Cap 20, 2009 Rev Ed) | Singapore |
| s 77(1) of the Bankruptcy Act | Singapore |
| s 76(1)(a)(i) of the Bankruptcy Act | Singapore |
| s 105(1) of the Bankruptcy Act | Singapore |
| s 74(1) of the Bankruptcy Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stakeholder Order
- Stay of Execution Order
- Stake money
- Bankruptcy application
- Secured creditor
- Partnership dispute
- Payment into court
- Conditional payment
15.2 Keywords
- stakeholder
- bankruptcy
- partnership
- injunction
- secured creditor
- stay of execution
16. Subjects
- Partnership
- Civil Procedure
- Bankruptcy
17. Areas of Law
- Partnership Law
- Civil Procedure
- Bankruptcy Law
- Injunctions