Toh Wei-Jack v Yong Ling Ling Jasmine: Stay of Minority Oppression Suit Pending Divorce Ancillary Matters

In Toh Wei-Jack v Yong Ling Ling Jasmine, the High Court of Singapore granted the defendants' application for a stay of proceedings in Suit 910 of 2020, pending the determination of ancillary matters in divorce proceedings. The plaintiff, Toh Wei-Jack, brought a minority oppression claim against the first defendant, Yong Ling Ling Jasmine, his former wife, and several companies. The court, presided over by Justice Tan Siong Thye, found substantial overlap between the divorce proceedings and the suit, particularly concerning the division of matrimonial assets, including shares in the defendant companies. The court ordered costs to be paid by the plaintiff to the first defendant fixed at $5,000 all-in.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Application to stay the proceedings in the Suit pending the outcome of the hearing of ancillary matters in the Divorce Proceedings granted.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Stay of proceedings in a minority oppression claim pending the outcome of divorce ancillary matters. The court granted the stay to avoid multiplicity of proceedings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Toh Wei-JackPlaintiffIndividualApplication for stay grantedLost
Yong Ling Ling JasmineDefendantIndividualApplication for stay grantedWon
Sugared Asia Pte LtdDefendantCorporationApplication for stay grantedNeutral
Sugared Academy Pte LtdDefendantCorporationApplication for stay grantedNeutral
Sugared Downtown Pte LtdDefendantCorporationApplication for stay grantedNeutral
Sugared Thomson Pte LtdDefendantCorporationApplication for stay grantedNeutral

3. Judges

Judge NameTitleDelivered Judgment
Tan Siong ThyeJudgeYes

4. Counsels

Counsel NameOrganization
Chiok Beng PiowJHT Law Corporation
Margaret Lee Hui ZhenJHT Law Corporation
Selina Yap Sher LinHarry Elias Partnership LLP
Goh Siong Pheck FrancisHarry Elias Partnership LLP
Natasha Goh LeshuangHarry Elias Partnership LLP

4. Facts

  1. Plaintiff and first defendant were formerly married and are awaiting hearing of ancillary matters.
  2. Plaintiff commenced a suit against the first defendant for minority oppression in relation to the Companies.
  3. Defendants applied for a stay of proceedings in the Suit pending the outcome of the divorce ancillary matters.
  4. The shareholding in each of the Companies was divided amongst the plaintiff, the first defendant and Ms Rita Iskandar.
  5. The plaintiff and the first defendant did not dispute that their respective shares in each of the Companies were matrimonial assets.

5. Formal Citations

  1. Toh Wei-Jack v Yong Ling Ling Jasmine and others, Suit No 910 of 2020 (Summons No 4454 of 2020), [2020] SGHC 282

6. Timeline

DateEvent
Plaintiff and first defendant married
Plaintiff and first defendant incorporated the Companies in Singapore
Plaintiff and first defendant incorporated the Companies in Singapore
Plaintiff filed a writ for divorce
Interim judgment for divorce granted
Plaintiff commenced the Suit
Defendants applied for a stay of proceedings
Court granted the defendants’ application for a stay of proceedings
Plaintiff filed a notice of appeal
Reasons for decision set out

7. Legal Issues

  1. Stay of Proceedings
    • Outcome: The court granted the stay of proceedings pending the determination of ancillary matters in the divorce proceedings.
    • Category: Procedural
    • Sub-Issues:
      • Multiplicity of proceedings
      • Risk of conflicting findings
  2. Minority Oppression
    • Outcome: The court did not rule on the merits of the minority oppression claim, as the proceedings were stayed.
    • Category: Substantive

8. Remedies Sought

  1. Share Buyout

9. Cause of Actions

  • Minority Oppression

10. Practice Areas

  • Commercial Litigation
  • Corporate Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
BNP Paribas Wealth Management v Jacob Agam and anotherSingapore International Commercial CourtYes[2017] 3 SLR 27SingaporeSummarised the principles underlying the court’s exercise of its discretion under the SCJA.
Chan Chin Cheung v Chan Fatt Cheung and othersUnknownYes[2010] 1 SLR 1192SingaporePrinciples laid down in this case have been considered in subsequent cases.
RBS Coutts Bank Ltd v Brunner Hans-PeterHigh CourtYes[2010] SGHC 342SingaporeExpanded on Chan Chin Cheung by approving the factors identified by the Federal Court of Australia in Sterling Pharmaceuticals Pty Limited v The Boots Company (Australia) Pty Limited.
Ram Parshotam Mittal v Portcullis Trustnet (Singapore) Pte LtdHigh CourtYes[2014] 2 SLR 1337SingaporeExpanded on Chan Chin Cheung by approving the factors identified by the Federal Court of Australia in Sterling Pharmaceuticals Pty Limited v The Boots Company (Australia) Pty Limited.
Sterling Pharmaceuticals Pty Limited v The Boots Company (Australia) Pty LimitedFederal Court of AustraliaYes(1992) 34 FCR 287AustraliaIdentified factors as relevant in deciding whether to grant a limited stay.

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R 5, 2014 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Stay of proceedings
  • Minority oppression
  • Divorce ancillary matters
  • Matrimonial assets
  • Share buyout
  • Multiplicity of proceedings

15.2 Keywords

  • stay of proceedings
  • minority oppression
  • divorce
  • matrimonial assets
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Minority Oppression90
Matrimonial Assets85
Family Law80
Divorce75
Civil Practice70
Civil Procedure65
Company Law60
Appeal30

16. Subjects

  • Civil Procedure
  • Family Law
  • Company Law