Choo Cheng Tong Wilfred v Phua Swee Khiang: Application for Transfer of Appeal on Legal Profession Act Interpretation

Choo Cheng Tong Wilfred applied to the Court of Appeal of the Republic of Singapore on 25 January 2022 to transfer his appeal from the Appellate Division of the High Court concerning the interpretation and application of the Legal Profession Act, following a judgment in Choo Cheng Tong Wilfred v Phua Swee Khiang and another [2021] SGHC 154. The court, led by Justice Andrew Phang Boon Leong, dismissed the application, holding that the issues were more appropriately heard by the Appellate Division.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Application dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Application to transfer appeal to Court of Appeal regarding interpretation of Legal Profession Act. The court dismissed the application, finding it more appropriate for the AD.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Choo Cheng Tong WilfredApplicantIndividualApplication dismissedLost
Phua Swee KhiangRespondentIndividualSuccessful resistance of applicationWon
Ding Pei ChaiRespondentIndividualSuccessful resistance of applicationWon

3. Judges

Judge NameTitleDelivered Judgment
Andrew Phang Boon LeongJustice of the Court of AppealYes

4. Counsels

Counsel NameOrganization
Charlene Wee Swee TingSalem Ibrahim LLC
Hoon Wei Yang BenedictSalem Ibrahim LLC
Salem bin Mohamed IbrahimSalem Ibrahim LLC
Chan Wai Kit Darren DominicCharacterist LLC
Ng Yi Ming DanielCharacterist LLC
Ang Leong HaoRajah & Tann Singapore LLP
Chow Chao Wu JansenRajah & Tann Singapore LLP
Sasha GonsalvesRajah & Tann Singapore LLP

4. Facts

  1. The applicant sought remuneration for work done in relation to legal disputes which his clients were involved in.
  2. The applicant appealed against the judgment of the General Division of the High Court in Choo Cheng Tong Wilfred v Phua Swee Khiang and another [2021] SGHC 154.
  3. The applicant argued that the judge had erred by applying the tests in Turner.
  4. The applicant argued that a new understanding of what constitutes acting as an advocate and solicitor should be fashioned from developments in other jurisdictions.
  5. The applicant's case concerns the interpretation and application of certain provisions of the Legal Profession Act.

5. Formal Citations

  1. Choo Cheng Tong Wilfred v Phua Swee Khiang and another, Originating Summons No 29 of 2021, [2022] SGCA 8

6. Timeline

DateEvent
Hearing date
Judgment date

7. Legal Issues

  1. Interpretation of Legal Profession Act
    • Outcome: The court held that the existing law is well-established and the interpretation of the Legal Profession Act is more appropriately dealt with by the Appellate Division.
    • Category: Substantive
    • Sub-Issues:
      • What constitutes acting as an advocate and solicitor
    • Related Cases:
      • [1988] 1 SLR(R) 281
  2. Transfer of Appeal
    • Outcome: The court dismissed the application for transfer of the appeal, finding it more appropriate for the Appellate Division to hear the appeal.
    • Category: Procedural
    • Related Cases:
      • [2021] 2 SLR 440

8. Remedies Sought

  1. Transfer of appeal to the Court of Appeal

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Appellate Practice

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte LtdCourt of AppealYes[2021] 2 SLR 440SingaporeCited for the principle that the overarching inquiry in an application for transfer of appeal is whether it is more appropriate for the Court of Appeal to hear the appeal.
Turner (East Asia) Pte Ltd v Builders Federal (Hong Kong) Ltd and anotherN/AYes[1988] 1 SLR(R) 281SingaporeCited for the tests to determine what constitutes acting as an advocate and solicitor within the meaning of the Legal Profession Act.
Choo Cheng Tong Wilfred v Phua Swee Khiang and anotherHigh CourtYes[2021] SGHC 154SingaporeCited as the judgment against which the applicant is appealing.

13. Applicable Rules

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

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act (Cap 322)Singapore
Legal Profession Act (Cap 161, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Legal Profession Act
  • Advocate and solicitor
  • Transfer of appeal
  • Appellate Division
  • Rules of Court
  • Supreme Court of Judicature Act

15.2 Keywords

  • Legal Profession Act
  • Transfer of Appeal
  • Singapore Court of Appeal
  • Advocate and Solicitor

17. Areas of Law

Area NameRelevance Score
Unauthorised person acting as advocate or solicitor90
Legal Profession Act85
Transfer of Cases70
Professional Remuneration60
Contract Law30

16. Subjects

  • Civil Procedure
  • Legal Profession