Seto Wei Meng v Foo Chee Boon Edward: Stay of Bankruptcy Proceedings & Negligence in Liposuction
In Seto Wei Meng v Foo Chee Boon Edward, the General Division of the High Court of Singapore addressed an application by Defendant Foo Chee Boon Edward for a stay of bankruptcy proceedings pending his appeal against a negligence judgment. The Plaintiffs, Seto Wei Meng and Seto Mun Chap, administrators of the estate of Yeong Soek Mun, sought the bankruptcy order based on the judgment debt. AR Randeep Singh Koonar dismissed the Stay Application and made a bankruptcy order against the Defendant, appointing the Official Assignee as trustee.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Bankruptcy order made against the Defendant; Stay Application dismissed.
1.3 Case Type
Insolvency
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case concerning a stay of bankruptcy proceedings pending appeal of a negligence judgment related to a liposuction death.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Seto Wei Meng | Plaintiff | Individual | Bankruptcy order made against the Defendant | Won | Chain Xiao Jing, Felicia |
| Seto Mun Chap | Plaintiff | Individual | Bankruptcy order made against the Defendant | Won | Chain Xiao Jing, Felicia |
| Foo Chee Boon Edward | Defendant | Individual | Stay Application dismissed, Bankruptcy order made against the Defendant | Lost, Lost | Palaniappan Sundararaj, Lim Min |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Randeep Singh Koonar | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chain Xiao Jing, Felicia | Legal Clinic LLC |
| Palaniappan Sundararaj | K&L Gates Straits Law LLC |
| Lim Min | K&L Gates Straits Law LLC |
4. Facts
- Yeong Soek Mun underwent a liposuction and fat transfer procedure performed by the Defendant.
- Yeong Soek Mun suffered a pulmonary fat embolism during the procedure, resulting in her death.
- The Plaintiffs commenced Suit No 553 of 2016 against the Defendant for negligently causing Yeong’s death.
- Choo J found the Defendant liable in negligence and awarded damages of $5,599.557.48 plus interest.
- The Plaintiffs served a statutory demand on the Defendant for $6,959,341.58.
- The Defendant appealed against Choo J’s judgment.
- The Defendant applied for a stay of execution of Choo J’s judgment, which was granted conditionally but later expunged due to non-compliance.
- The Plaintiffs commenced bankruptcy proceedings against the Defendant.
5. Formal Citations
- Seto Wei Meng (suing as the administrator of the estateand on behalf of the dependants of Yeong Soek Mun, deceased) and another vFoo Chee Boon Edward, Originating Summons (Bankruptcy) No 400 of 2021, [2021] SGHCR 5
6. Timeline
| Date | Event |
|---|---|
| Yeong Soek Mun underwent a liposuction and fat transfer procedure. | |
| Plaintiffs commenced Suit No 553 of 2016 against the Defendant. | |
| Choo J delivered judgment finding the Defendant liable in negligence. | |
| Plaintiffs served a statutory demand on the Defendant. | |
| Defendant appealed against Choo J’s judgment. | |
| Defendant filed Summons No 5638 of 2020 for a stay of execution. | |
| Choo J heard SUM 5638 and granted a conditional stay of execution. | |
| The conditional stay was expunged when the Defendant failed to file an affidavit. | |
| Plaintiffs commenced bankruptcy proceedings in B 400 against the Defendant. | |
| The bankruptcy application was served on the Defendant. | |
| Plaintiffs filed Summons No 20 of 2021 in CA 208 for further security for costs. | |
| B 400 first came up for hearing. | |
| The Court of Appeal allowed SUM 20. | |
| The Defendant furnished the ordered security. | |
| Judgment on the Stay Application was delivered. | |
| Detailed grounds of decision were set out. |
7. Legal Issues
- Stay of Bankruptcy Proceedings
- Outcome: The court dismissed the application for a stay of bankruptcy proceedings.
- Category: Procedural
- Sub-Issues:
- Standards for granting a stay pending appeal
- Balancing interests of judgment creditor and debtor
- Related Cases:
- [2014] 2 SLR 446
- [2001] 3 SLR(R) 145
- [2013] 2 SLR 801
- Negligence
- Outcome: The Defendant was found liable for negligence in the original High Court suit.
- Category: Substantive
- Related Cases:
- [2020] SHGC 260
8. Remedies Sought
- Bankruptcy Order
- Stay of Bankruptcy Proceedings
9. Cause of Actions
- Negligence
10. Practice Areas
- Bankruptcy Law
- Civil Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Seto Wei Meng (suing as the administrator of the estate and on behalf of the dependants of Yeong Soek Mun, deceased) and another v Foo Chee Boon Edward and others (Singapore General Hospital Pte Ltd, third party) | High Court | Yes | [2020] SHGC 260 | Singapore | The judgment in the High Court suit where the Defendant was found liable in negligence for the death of Yeong Soek Mun. |
| Mohd Zain bin Abdullah v Chimbusco International Petroleum (Singapore) Pte Ltd and another appeal | Court of Appeal | Yes | [2014] 2 SLR 446 | Singapore | Considered the relationship between the court’s general power to stay bankruptcy proceedings and its specific powers. |
| Lee Kiang Leng Stanley v Lee Han Chew | High Court | Yes | [2004] 3 SLR(R) 603 | Singapore | The specific powers would be rendered superfluous given the breath of the general power, unless the specific powers were read as illustrations of what the court might do under its general power. |
| Re Goh Chin Soon, ex parte Oversea-Chinese Banking Corp Ltd | High Court | Yes | [2001] 3 SLR(R) 145 | Singapore | A stay is only to be granted according to the discretion of the court which should be exercised according to established judicial principles. A mere appeal is not enough. |
| Strandore Invest A/S and others v Soh Kim Wat | High Court | Yes | [2010] SGHC | Singapore | The applicant must establish “special circumstances” before a stay is granted. |
| Lee Kuan Yew v Jeyaretnam Joshua Benjamin | High Court | Yes | [1990] 1 SLR(R) 772 | Singapore | The existence of strong grounds for appealing will itself not constitute special circumstances. |
| Chimbusco International Petroleum (Singapore) Pte Ltd v Jalalludin bin Abdullah and other matters | High Court | Yes | [2013] 2 SLR 801 | Singapore | ss 64(1) and s 65(4) of the BA were “deliberately drafted widely enough to confer on the court a broad discretionary power to stay [a bankruptcy application] on such terms and conditions as it thinks just”. |
| Re International Tin Council | Chancery Division | Yes | [1987] 1 Ch 419 | England and Wales | The winding up process was not a method of “enforcing” a debt. |
| Re Rasmachayana Sulistyo (alias Chang Whe Ming), ex parte The Hongkong and Shanghai Banking Corp Ltd and other appeals | High Court | Yes | [2005] 1 SLR(R) 483 | Singapore | It was “overly simplistic to refer to bankruptcy proceedings purely as enforcement or attachment proceedings. |
| Pacific King Shipping Pte Ltd and another v Glory Wealth Shipping Pte Ltd | High Court | Yes | [2010] 4 SLR 413 | Singapore | The winding up process was not a method of “enforcing” a debt. |
| In re Lines Bros Ltd | Court of Appeal | Yes | [1983] Ch 1 | England and Wales | The liquidation of an insolvent company is a process of collective enforcement of debts for the benefit of the general body of creditors. |
| Deutsche Bank AG v Lam Chi Kin David | High Court | Yes | [2011] 2 SLR 225 | Singapore | An applicant against whom judgment has been entered after a trial and who is seeking the court’s protection from bankruptcy proceedings should be candid and forthcoming. |
| Chan Siew Lee Jannie v Australia and New Zealand Banking Group Ltd | High Court | Yes | [2016] 3 SLR 239 | Singapore | A judgment creditor is generally entitled to decide on the method of enforcement. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 315(1) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| s 316(5)(a) of the Insolvency, Restructuring and Dissolution Act 2018 | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| O 42 r 12 of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of bankruptcy proceedings
- Bankruptcy order
- Negligence
- Pulmonary fat embolism
- Statutory demand
- Conditional stay
- Judgment debt
- Insolvency, Restructuring and Dissolution Act
- Official Assignee
15.2 Keywords
- bankruptcy
- stay of proceedings
- negligence
- liposuction
- medical malpractice
16. Subjects
- Bankruptcy
- Civil Procedure
- Stay of Proceedings
17. Areas of Law
- Insolvency Law
- Bankruptcy
- Civil Procedure
- Negligence