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 Appeal1.2 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 Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Choo Cheng Tong Wilfred | Applicant | Individual | Application dismissed | Lost | Salem bin Mohamed Ibrahim, Charlene Wee Swee Ting, Hoon Wei Yang Benedict |
| Phua Swee Khiang | Respondent | Individual | Successful resistance of application | Won | Chan Wai Kit Darren Dominic, Ng Yi Ming Daniel |
| Ding Pei Chai | Respondent | Individual | Successful resistance of application | Won | Chow Chao Wu Jansen, Ang Leong Hao, Sasha Gonsalves |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Salem bin Mohamed Ibrahim | Salem Ibrahim LLC |
| Charlene Wee Swee Ting | Salem Ibrahim LLC |
| Hoon Wei Yang Benedict | Salem Ibrahim LLC |
| Chan Wai Kit Darren Dominic | Characterist LLC |
| Ng Yi Ming Daniel | Characterist LLC |
| Chow Chao Wu Jansen | Rajah & Tann Singapore LLP |
| Ang Leong Hao | Rajah & Tann Singapore LLP |
| Sasha Gonsalves | Rajah & Tann Singapore LLP |
4. Facts
- The applicant sought remuneration for work done in relation to legal disputes which his clients were involved in.
- 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.
- The applicant argued that the judge had erred by applying the tests in Turner.
- The applicant argued that a new understanding of what constitutes acting as an advocate and solicitor should be fashioned from developments in other jurisdictions.
- The applicant's case concerns the interpretation and application of certain provisions of the Legal Profession Act.
5. Formal Citations
- Choo Cheng Tong Wilfred v Phua Swee Khiang and another, Originating Summons No 29 of 2021, [2022] SGCA 8
6. Timeline
| Date | Event |
|---|---|
| Hearing date | |
| Judgment date |
7. Legal Issues
- 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
- 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
- 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 Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Noor Azlin bte Abdul Rahman and another v Changi General Hospital Pte Ltd | Court of Appeal | Yes | [2021] 2 SLR 440 | Singapore | Cited 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 another | N/A | Yes | [1988] 1 SLR(R) 281 | Singapore | Cited 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 another | High Court | Yes | [2021] SGHC 154 | Singapore | Cited 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 Name | Jurisdiction |
|---|---|
| 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
16. Subjects
- Civil Procedure
- Legal Profession
17. Areas of Law
- Civil Procedure
- Legal Profession Act
- Courts and Jurisdiction