Shee See Kuen v Sugiono Wiyono Sugialam: Assessment of Damages for Fraudulent Misrepresentation
In Shee See Kuen and others v Sugiono Wiyono Sugialam and others, the General Division of the High Court of Singapore heard the assessment of damages for the plaintiffs' claim against PT Trikomsel Oke Tbk for deceit and/or fraudulent misrepresentation. The plaintiffs, holders of Senior Fixed Rate Notes, claimed damages for losses suffered due to misstatements in offering circulars. The court, presided over by S Mohan JC, granted judgment for the plaintiffs for the principal sums and interest on the notes but disallowed the claims for punitive and aggravated damages, finding that these claims were not properly pleaded. The decision was made on 16 February 2021.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Judgment for the plaintiffs for the principal sums and interest on the notes; claims for punitive and aggravated damages disallowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiffs sought damages against the defendant for fraudulent misrepresentation. The court disallowed claims for punitive and aggravated damages because they were not pleaded.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Standard Chartered Bank | Defendant | Corporation | |||
| Shee See Kuen | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Joveen Miu Harn Peng | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Ng Seng Yu | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Ng Ah Moi | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Leong Churn Meng (Liang Junming) | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Ong Chong Hock Joseph | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Chin Mui Leng | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Tong Sau Kwan | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| William Koh Chee Wei | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Lin Zhuo @ Lin Ning | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Yeo Yu Kin | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| PT Trikomsel Oke Tbk | Defendant | Corporation | Judgment against Defendant | Lost | |
| Tay Pik Giok @ Cheng Pi Yu | Plaintiff | Individual | Neutral | Withdrawn | |
| Tan Guan Lee Company Limited | Plaintiff | Corporation | Judgment for Plaintiff | Won | |
| Sugiono Wiyono Sugialam | Defendant | Individual | |||
| Juliana Julianti Samudro | Defendant | Individual | |||
| Benjamin Sudjar Soemartopo | Defendant | Individual | |||
| Ang Chuan Hui | Defendant | Individual | |||
| Trikomsel Pte Ltd | Defendant | Corporation | |||
| Trikomsel Singapore Pte Ltd | Defendant | Corporation | |||
| JP Morgan (SEA) Limited | Defendant | Corporation | |||
| Australia and New Zealand Banking Group Limited | Defendant | Corporation | |||
| Deutsche Bank Aktiengellschaft | Defendant | Corporation |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| S Mohan | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Goh Kok Leong | Ang & Partners |
| Dillion Chua Hong Bin | Ang & Partners |
4. Facts
- Plaintiffs are holders of Senior Fixed Rate Notes due 2016 and 2017.
- The notes were issued by Trikomsel Pte Ltd and guaranteed by PT Trikomsel Oke Tbk.
- Plaintiffs claimed damages for deceit and/or fraudulent misrepresentation.
- Judgments in default of appearance were entered against PT Trikomsel Oke Tbk.
- Plaintiffs sought punitive and aggravated damages in addition to compensatory damages.
- The claims for punitive and aggravated damages were not pleaded or particularized in the Statements of Claim.
5. Formal Citations
- Shee See Kuen and others v Sugiono Wiyono Sugialam and others and another suit, Suit No 564 of 2018, [2021] SGHC 34
- Shee See Kuen and others v Sugiono Wiyono Sugialam and others and another suit, Suit No 565 of 2018, [2021] SGHC 34
6. Timeline
| Date | Event |
|---|---|
| 2016 Notes issued by Trikomsel Pte Ltd | |
| Offering circular of the sixth defendant | |
| 2017 Notes issued by Trikomsel Pte Ltd | |
| Interlocutory judgments in default of appearance were entered by the plaintiffs against the fifth defendant | |
| Assessment of damages hearing took place | |
| Plaintiffs filed written closing submissions | |
| Fourth plaintiff in Suit 564 discontinued her action | |
| Final judgment granted in both suits | |
| Judgment issued |
7. Legal Issues
- Pleading Requirements for Punitive and Aggravated Damages
- Outcome: The court held that claims for punitive and aggravated damages must be specifically pleaded and particularized to be considered.
- Category: Procedural
- Related Cases:
- [2017] 1 SLR 918
- [2004] 1 SLR 513
- [2015] 4 SLR 667
- [1995] 3 SLR(R) 38
- [2020] SGCA 106
- [2021] SGHC 10
- [2020] 3 SLR 750
- [2019] 4 SLR 222
8. Remedies Sought
- Damages
- Exemplary or Aggravated Damages
- Interest
- Costs
9. Cause of Actions
- Deceit
- Fraudulent Misrepresentation
10. Practice Areas
- Commercial Litigation
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ACB v Thomson Medical Pte Ltd | Court of Appeal | Yes | [2017] 1 SLR 918 | Singapore | Cited for the principle that punitive damages may be awarded in tort where the defendant’s conduct warrants punishment, deterrence, and condemnation. |
| Tan Harry v Teo Chee Yeow Aloysius | High Court | Yes | [2004] 1 SLR 513 | Singapore | Cited for the proposition that the conduct of a defendant must be “exceptional” before a court may grant aggravated damages, but distinguished because the claim for aggravated damages was not pleaded. |
| Li Siu Lun v Looi Kok Poh | High Court | Yes | [2015] 4 SLR 667 | Singapore | Cited for the proposition that the conduct of a defendant must be “exceptional” before a court may grant aggravated damages and that aggravated damages have to be specifically pleaded. |
| Lee Kuan Yew v Vinocur John | High Court | Yes | [1995] 3 SLR(R) 38 | Singapore | Cited for the proposition that a claim for aggravated damages need not be specifically pleaded, but distinguished as a defamation suit and modified by subsequent amendments to the Rules of Court. |
| Ma Hongjin v SCP Holdings Pte Ltd | Court of Appeal | Yes | [2020] SGCA 106 | Singapore | Cited for the underlying purpose of pleadings, which is to ensure that each party is aware of the respective arguments against it and that neither is therefore taken by surprise. |
| Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd and others | High Court | Yes | [2021] SGHC 10 | Singapore | Cited for the principle that a claim for aggravated damages must be pleaded because the defendant must be given notice that the plaintiff is pursuing a claim for aggravated damages. |
| Aries Telecoms (M) Bhd v ViewQwest Pte Ltd (Fiberail Sdn Bhd, third party) | High Court | Yes | [2020] 3 SLR 750 | Singapore | Cited as an example where the court allowed a claim for punitive damages because it was initially pleaded and subsequently continued to be claimed. |
| AKRO Group DMCC v Discovery Drilling Pte Ltd | Singapore International Commercial Court | Yes | [2019] 4 SLR 222 | Singapore | Cited as an example where the court disallowed a claim for punitive damages because it was not pleaded. |
13. Applicable Rules
| Rule Name |
|---|
| Order 13 of the Rules of Court |
| O 18 r 8(3) of the Rules of the Supreme Court 1972 (UK) |
| O 78 r 3(3) of the ROC |
| O 18 r 7(1) of the ROC |
| O 78 r 3(3A) of the ROC |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Punitive Damages
- Aggravated Damages
- Pleadings
- Senior Fixed Rate Notes
- Fraudulent Misrepresentation
- Interlocutory Judgment
- Assessment of Damages
15.2 Keywords
- damages
- punitive damages
- aggravated damages
- pleading
- fraudulent misrepresentation
- Singapore
- court
- judgment
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Damages | 95 |
| Civil Procedure | 70 |
16. Subjects
- Civil Litigation
- Damages Assessment
- Pleading Requirements