Ten Leu-Jiun Jeanne-Marie v Peter Low LLC: Striking Out Application in Negligence & Breach of Contract Claim
In Ten Leu-Jiun Jeanne-Marie v Peter Low LLC, the plaintiff, Ten Leu-Jiun Jeanne-Marie, appealed the decision of the General Division of the High Court to strike out her claim against her former solicitors, Peter Low LLC, Choo Zheng Xi, Peter Cuthbert Low, and Christine Low, for negligence, breach of contract, fraudulent and/or negligent misrepresentation, the tort of deceit, breach of fiduciary duties and unlawful conspiracy in relation to a previous action against the National University of Singapore. Justice Choo Han Teck allowed the appeal, holding that the claim should not be rephrased before striking it out.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against striking out application in a negligence and breach of contract claim. The court allowed the appeal, finding the claim should not be rephrased before striking it out.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ten Leu-Jiun Jeanne-Marie | Plaintiff, Appellant | Individual | Appeal Allowed | Won | |
| Peter Low LLC | Defendant, Respondent | Corporation | Appeal Allowed | Lost | Ramesh Selvaraj, Hiew E-Wen, Joshua |
| Choo Zheng Xi | Defendant, Respondent | Individual | Appeal Allowed | Lost | Ramesh Selvaraj, Hiew E-Wen, Joshua |
| Peter Cuthbert Low | Defendant, Respondent | Individual | Appeal Allowed | Lost | Ramesh Selvaraj, Hiew E-Wen, Joshua |
| Christine Low | Defendant, Respondent | Individual | Appeal Allowed | Lost | Ramesh Selvaraj, Hiew E-Wen, Joshua |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ramesh Selvaraj | Allen & Gledhill LLP |
| Hiew E-Wen, Joshua | Allen & Gledhill LLP |
4. Facts
- The plaintiff filed a claim against her former solicitors for their conduct in a previous action against the National University of Singapore.
- The plaintiff alleged negligence, breach of contract, misrepresentation, deceit, breach of fiduciary duties, and unlawful conspiracy.
- The defendants applied to strike out the plaintiff’s Statement of Claim.
- The Assistant Registrar struck out portions of the Statement of Claim but did not strike out the entire claim.
- The plaintiff appealed against the Assistant Registrar’s decision.
5. Formal Citations
- Ten Leu-Jiun Jeanne-Marie v Peter Low LLC and others, Suit No 1123 of 2016, [2022] SGHC 107
6. Timeline
| Date | Event |
|---|---|
| Plaintiff retained Peter Low LLC to act against the National University of Singapore. | |
| Plaintiff mounted unsuccessful discovery application against NUS. | |
| Plaintiff discharged the defendants from acting for her in the NUS Suit. | |
| Plaintiff filed Statement of Claim against the defendants. | |
| Trial for the NUS Suit took place. | |
| Trial for the NUS Suit took place. | |
| Justice Woo Bih Li dismissed the plaintiff’s claims against NUS. | |
| Defendants applied to strike out the plaintiff’s Statement of Claim. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Striking out a Statement of Claim
- Outcome: The court held that the Statement of Claim should not be rephrased before striking it out.
- Category: Procedural
- Sub-Issues:
- Whether the Statement of Claim discloses no reasonable cause of action
- Whether the Statement of Claim is frivolous and/or vexatious
- Whether the Statement of Claim constitutes an abuse of process
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- Negligence
- Breach of Contract
- Fraudulent Misrepresentation
- Negligent Misrepresentation
- Tort of Deceit
- Breach of Fiduciary Duties
- Unlawful Conspiracy
10. Practice Areas
- Litigation
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Striking out
- Statement of Claim
- Negligence
- Breach of Contract
- Misrepresentation
- Fiduciary Duty
- Unlawful Conspiracy
15.2 Keywords
- Striking out
- Negligence
- Breach of Contract
- Legal Malpractice
- Singapore High Court
16. Subjects
- Civil Procedure
- Legal Malpractice
17. Areas of Law
- Civil Procedure
- Striking Out