Ong Wui Teck v Ong Wui Jin: Appeal over Executor's Costs and Accounting in Mother's Estate
Ong Wui Teck, the appellant, appealed against the High Court's decision to dismiss his application for reimbursement of costs from his mother's estate and to account for a $1,500 sum. The respondents are Ong Wui Jin, Ong Wui Leng, Ong Wui Yong and Ong Wui Swoon. The Court of Appeal dismissed the appeal, finding it wholly without merit, and made no order as to costs.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Probate
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning reimbursement of costs from the Mother's Estate and accounting for a $1,500 sum. The court dismissed the appeal as wholly without merit.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Wui Teck | Appellant, Applicant | Individual | Appeal Dismissed | Lost | |
| Ong Wui Jin | Respondent | Individual | Appeal Dismissed | Won | |
| Ong Wui Leng | Respondent | Individual | Appeal Dismissed | Won | |
| Ong Wui Yong | Respondent | Individual | Appeal Dismissed | Won | |
| Ong Wui Swoon | Respondent | Individual | Appeal Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Judith Prakash | Justice of the Court of Appeal | No |
| Quentin Loh | Judge of the Appellate Division | No |
4. Counsels
| Counsel Name | Organization |
|---|
4. Facts
- The appellant is the sole executor and trustee of his mother’s will and the sole surviving administrator of his father’s estate.
- The appellant sought reimbursement for costs incurred in defending himself in contempt of court proceedings.
- The appellant sought reimbursement for costs incurred in the administration of his father’s estate.
- The Judge ordered the appellant to account for a sum of $1,500 purportedly incurred on expenses for the administration of the Mother’s Estate in 2017.
- The appellant claimed the OCBC Shares had been transferred to his mother’s name in her capacity as an administrator of the Father’s Estate.
- The appellant’s 3 March 2017 letter stated that any excess or deficiency in the $1,500 sum would be accounted for in the final accounts.
5. Formal Citations
- Ong Wui Teck v Ong Wui Jin and others, Civil Appeal No 34 of 2021, [2021] SGCA 104
6. Timeline
| Date | Event |
|---|---|
| Originating Summons No 763 of 2014 filed | |
| Application in HC/OS 165/2016 filed | |
| Appellant sent letter to Ong Wui Swoon regarding post-audit expenses | |
| Statement of account of the Mother’s Estate dated | |
| Contempt of court proceedings in CA/CA 33/2019 | |
| Contempt of court proceedings in CA/CA 112/2019 | |
| Statement of account submitted to the Judge | |
| High Court Judge dismissed the appellant’s application | |
| Judgment delivered |
7. Legal Issues
- Reimbursement of Costs from Mother's Estate
- Outcome: The court held that the appellant was not entitled to recover costs incurred in the contempt of court proceedings from the Mother's Estate.
- Category: Substantive
- Related Cases:
- [1998] 2 SLR(R) 576
- [1897] 2 Ch 190
- Accounting for Sum of $1,500
- Outcome: The court ordered the appellant to account for the $1,500 sum in the final account of the Mother's Estate.
- Category: Substantive
8. Remedies Sought
- Reimbursement of costs
- Reversal of order to account for $1,500 sum
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Probate
- Estate Administration
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Rajabali Jumabhoy and others v Ameerali R Jumabhoy and others | Court of Appeal | Yes | [1998] 2 SLR(R) 576 | Singapore | Endorsed the principle that an executor, administrator, or trustee is entitled to be recouped for costs properly expended to fulfill their duties. |
| In re Jones; Christmas v Jones | Court of Chancery | Yes | [1897] 2 Ch 190 | England and Wales | Established the principle that a trustee is entitled to costs of proceedings unless the Court orders otherwise. |
| Ong Wui Teck v Ong Wui Swoon | High Court | Yes | [2016] 2 SLR 1067 | Singapore | Cited to show that the appellant's allegations of bias, dishonesty and impropriety made against Woo J were “baseless” and “invalid”. |
| Ong Wui Teck v Attorney-General | Court of Appeal | Yes | [2020] 1 SLR 855 | Singapore | Appellant disagreed with the court's ruling in the contempt of court proceedings. |
| Ong Wui Soon v Ong Wui Teck | High Court | Yes | [2013] 1 SLR 733 | Singapore | Discusses the findings in relation to the shares in OCBC held by the Father’s Estate. |
| Ong Wui Teck (personal representative of the estate of Chew Chen Chin, deceased) v Ong Wui Soon and another | Court of Appeal | Yes | [2019] SGCA 61 | Singapore | The appellant’s argument regarding the “accounting” work done by his wife had already been rejected by this court in the previous appeal concerning the administration of the Mother’s Estate. |
| Lim Oon Kuin and others v Ocean Tankers (Pte) Ltd (interim judicial managers appointed) | Court of Appeal | Yes | [2021] SGCA 100 | Singapore | Cited as an example where costs may be awarded to the successful party on an indemnity basis. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed), O 59 r 6(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Executor
- Trustee
- Administrator
- Contempt of court
- Statement of account
- OCBC Shares
- Mother's Estate
- Father's Estate
15.2 Keywords
- Probate
- Estate
- Costs
- Accounting
- Appeal
- Singapore
16. Subjects
- Trusts
- Estates
- Civil Procedure
17. Areas of Law
- Probate and Administration
- Administration of Assets