Lim Oon Kuin v Rajah & Tann: Henderson Doctrine & Abuse of Process in Solicitor Conflict Case
Lim Oon Kuin, Lim Chee Meng, and Lim Huey Ching appealed the High Court's decision to dismiss their applications to amend HC/OS 666/2020 and HC/OS 704/2020 and to strike out the Originating Summonses against Rajah & Tann Singapore LLP, their former solicitors. The Court of Appeal allowed the appeals, holding that the Henderson doctrine could not apply as there was no prior determination on the merits and that the amendment applications were not an abuse of process. The court directed the appellants to file pleadings setting out their claims against the respondent.
1. Case Overview
1.1 Court
Court of Appeal of the republic of singapore1.2 Outcome
Appeals Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding abuse of process and Henderson doctrine in a case against former solicitors. The court allowed the appeals, finding the doctrine inapplicable.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Oon Kuin | Appellant, Applicant | Individual | Appeal Allowed | Won | |
| Lim Chee Meng | Appellant, Applicant | Individual | Appeal Allowed | Won | |
| Lim Huey Ching | Appellant, Applicant | Individual | Appeal Allowed | Won | |
| Rajah & Tann Singapore LLP | Respondent | Limited Liability Partnership | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
| Judith Prakash | Senior Judge | No |
4. Counsels
4. Facts
- The appellants are former key personnel in a group of companies providing oil trading services.
- The respondent had advised and acted for the appellants and their group of companies since the early 1990s.
- Two companies within the group, OTPL and HLT, faced financial difficulties and were placed under interim judicial management in 2020.
- The IJMs of OTPL and HLT retained the respondent as their solicitors.
- LCM and LHC caused OTPL and HLT to file OSes against the respondent to restrain them from representing OTPL and HLT.
- The appellants applied to amend the OSes to include claims of breach of confidence and breach of duty after the respondent disengaged from OTPL and HLT.
- The High Court found that the Amendment Applications were an abuse of process and disallowed them.
5. Formal Citations
- Lim Oon Kuin and others v Rajah & Tann Singapore LLP and other appeals, , [2024] SGCA 54
- , Civil Appeal Nos 12, 13, 14 and 15 of 2024, Civil Appeal Nos 12, 13, 14 and 15 of 2024
6. Timeline
| Date | Event |
|---|---|
| OTPL and HLT filed the OSes against the respondent. | |
| The respondent applied to strike out the OSes. | |
| OTPL and HLT applied for and were placed under interim judicial management. | |
| Appellants obtained permission to amend the OSes. | |
| Parties engaged in settlement discussions. | |
| Respondent's solicitors sent a letter informing the appellants of the respondent’s disengagement. | |
| Respondent applied to strike out the OSes. | |
| Appellants filed applications to amend the OSes. | |
| Respondent provided an undertaking that it would not act for or advise OTPL, HLT and/or the Insolvency Representatives. | |
| Appellants filed notices of appeal and applications for permission to appeal. | |
| PTA Applications were allowed by the Appellate Division of the High Court. | |
| Appellants filed an application for permission to transfer the appeals to the Court of Appeal. | |
| Court heard the appeals. | |
| Court heard the appeals. | |
| Tay Yong Kwang JCA delivered the grounds of decision of the court. |
7. Legal Issues
- Application of the Henderson Doctrine
- Outcome: The court held that the Henderson doctrine could not be applied as there was no prior determination on the merits of the case.
- Category: Procedural
- Related Cases:
- (1843) 3 Hare 100
- Abuse of Process
- Outcome: The court held that the Amendment Applications were not an abuse of process.
- Category: Procedural
8. Remedies Sought
- Injunctive Relief
- Declarations
- Disgorgement of Fees
- Damages
9. Cause of Actions
- Breach of Confidence
- Breach of Duty
10. Practice Areas
- Litigation
- Appeals
11. Industries
- Oil Trading
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Henderson v Henderson | N/A | Yes | (1843) 3 Hare 100 | N/A | Established the Henderson doctrine, preventing parties from raising issues in subsequent litigation that could have been raised earlier. |
| Ocean Tankers (Pte) Ltd (under judicial management) v Rajah & Tann Singapore LLP and another matter | High Court | Yes | [2021] SGHC 47 | Singapore | Cited for the first instance decision to strike out the OSes because LCM and LHC had been divested of their powers as directors. |
| Hin Leong Trading (Pte) Ltd (in liquidation) v Rajah & Tann Singapore LLP and another appeal | Court of Appeal | Yes | [2022] 2 SLR 253 | Singapore | Cited for the appeal decision upholding the striking out of the OSes because LCM and LHC had been divested of their powers as directors. |
| Ocean Tankers (Pte) Ltd (under judicial management) v Rajah & Tann Singapore LLP and another matter | High Court | Yes | [2021] SGHC 144 | Singapore | Cited for the first instance decision disallowing the Joinder Applications. |
| Lim Oon Kuin and others v Rajah & Tann Singapore LLP and another appeal | N/A | Yes | [2022] 2 SLR 280 | Singapore | Cited for the appeal decision allowing the Joinder Applications. |
| The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd (nTan Corporate Advisory Pte Ltd and others, other parties) and another appeal | N/A | Yes | [2015] 5 SLR 1104 | Singapore | Cited to define the extended doctrine of res judicata. |
| Johnson v Gore Wood & Co (a firm) | N/A | Yes | [2001] 2 WLR 72 | N/A | Cited for the principle that the bringing of a claim in later proceedings may amount to abuse if the claim should have been raised in earlier proceedings. |
| Tannu v Moosajee and another | N/A | Yes | [2003] EWCA Civ 815 | N/A | Cited as an example of the Henderson doctrine being applied to different stages of the same action. |
| Seele Austria GmbH Co v Tokio Marine Europe Insurance Limited | N/A | Yes | [2009] EWHC 255 (TCC) | N/A | Cited as an example of the Henderson doctrine being applied to different stages of the same action. |
| Gruber and another v AIG Management France, SA and another | N/A | Yes | [2019] EWHC 1676 (Comm) | N/A | Cited as an example of the Henderson doctrine being applied to different stages of the same action. |
| Kensell v Khoury and another | N/A | Yes | [2020] EWHC 567 (Ch) | N/A | Cited as an example of the Henderson doctrine being applied to different stages of the same action. |
| Goh Nellie v Goh Lian Teck and others | N/A | Yes | [2007] 1 SLR(R) 453 | Singapore | Cited for the principle that the rule in Henderson is also recognised as falling under the doctrine of abuse of process. |
| Hunter v Chief Constable of the West Midlands Police and others | N/A | Yes | [1982] AC 529 | N/A | Cited for extending the doctrine of abuse of process to include collateral attacks on previous decisions. |
| Chee Siok Chin and others v Minister for Home Affairs and another | N/A | Yes | [2006] 1 SLR(R) 582 | Singapore | Cited for listing several other recognised categories of abuse of process. |
| Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd | N/A | Yes | [2013] UKSC 46 | N/A | Cited for the principle that res judicata and abuse of process are distinct but overlapping areas of law. |
| TMT Asia Ltd v BHP Billiton Marketing AG (Singapore Branch) and another | N/A | Yes | [2019] 2 SLR 710 | Singapore | Cited for the principle that it is an abuse of process to continue prosecuting a claim in the face of a settlement offer that would have given all the reliefs sought. |
| LVM Law Chambers LLC v Wan Hoe Keet and another and another matter | N/A | Yes | [2020] 1 SLR 1083 | Singapore | Cited for the test for granting an injunction against a lawyer upon the demonstration of any risk of misuse of confidential information obtained from the former client. |
| Beyonics Asia Pacific Ltd and others v Goh Chan Peng and another and another appeal | N/A | Yes | [2022] 1 SLR 1 | Singapore | Cited for the principle that the threshold for finding an abuse of process is high. |
| Ng Chee Weng v Lim Jit Ming Bryan and another | N/A | Yes | [2012] 1 SLR 457 | Singapore | Cited for the principle that the court should be extremely hesitant to punish litigants for mistakes they make in the conduct of their cases. |
| Wright Norman and another v Oversea-Chinese Banking Corp Ltd | N/A | Yes | [1993] 3 SLR(R) 640 | Singapore | Cited for the principle that an amendment which would enable the real issues between the parties to be tried should be allowed subject to costs. |
| Asia Business Forum Pte Ltd v Long Ai Sin and another | N/A | Yes | [2004] 2 SLR(R) 173 | Singapore | Cited for the principle that the later the stage of the proceedings in which the amendment is sought, the stronger would be the grounds required to justify the amendment sought. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Henderson Doctrine
- Abuse of Process
- Originating Summons
- Amendment Applications
- Confidential Information
- Breach of Confidence
- Judicial Management
- Insolvency Representatives
- Disengagement
- Pleadings
15.2 Keywords
- Henderson Doctrine
- Abuse of Process
- Civil Procedure
- Conflict of Interest
- Rajah & Tann
- Lim Oon Kuin
- Singapore Court of Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Abuse of Process | 95 |
| Breach of Confidence | 90 |
| Appellate Practice | 85 |
| Civil Practice | 80 |
| Civil Litigation | 75 |
| Striking out | 70 |
| Breach of Contract | 60 |
| Commercial Disputes | 50 |
| Director's Liability | 40 |
| Winding Up | 30 |
| Bankruptcy | 30 |
16. Subjects
- Civil Procedure
- Abuse of Process
- Res Judicata
- Legal Ethics
- Conflict of Interest