Tan Kian Chye v Ang Siew Yan: Amendment of Pleadings and Doctrine of Approbation
In Tan Kian Chye v Ang Siew Yan, the General Division of the High Court of Singapore heard an application by Tan Kian Chye to amend his Statement of Claim in a dispute against Ang Siew Yan, Ang Boon Chong, and Tan Sing Haiang. The court, presided over by AR Perry Peh, allowed the amendment, finding that despite inconsistencies in Tan's previous positions in Family Justice Court proceedings and a prior application, the doctrine of approbation and reprobation did not preclude the amendment, nor did it constitute an abuse of process. The claim against the second and third defendants had been discontinued.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Application allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application to amend Statement of Claim allowed. The court found no abuse of process or preclusion by approbation and reprobation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Kian Chye | Claimant | Individual | Application allowed | Won | |
| Ang Siew Yan | Defendant | Individual | Application dismissed | Lost | |
| Ang Boon Chong | Defendant | Individual | Claim discontinued | Withdrawn | |
| Tan Sing Haiang @ Chen Chin Sien | Defendant | Individual | Claim discontinued | Withdrawn |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Perry Peh | Assistant Registrar | Yes |
4. Counsels
4. Facts
- The Claimant and the first Defendant were formerly husband and wife.
- The Defendant commenced divorce proceedings in the Family Justice Courts against the Claimant in December 2022.
- The Claimant sought to amend his Statement of Claim to pursue claims based on positions inconsistent with those previously taken.
- The first Defendant resisted the amendment, arguing it was precluded by the doctrine of approbation and reprobation and/or an abuse of process.
- The Claimant's amended claim sought to be added as a co-trustee of a trust, shifting from a previous claim to the beneficial interest in the property.
5. Formal Citations
- Tan Kian Chye v Ang Siew Yan, Originating Claim No 568 of 2023 (Summons No 450 of 2024), [2024] SGHCR 5
6. Timeline
| Date | Event |
|---|---|
| Divorce proceedings commenced in the Family Justice Courts | |
| Interim judgment granted dissolving the marriage | |
| Claimant filed affidavit of assets and means in the Family Justice Courts | |
| Claimant commenced Originating Claim No 568 of 2023 | |
| Defendant took out Summons No 2927 of 2023 to stay proceedings | |
| Hearing date | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Amendment of Pleadings
- Outcome: The court allowed the claimant's application to amend the Statement of Claim.
- Category: Procedural
- Abuse of Process
- Outcome: The court found that the amendment did not constitute an abuse of process.
- Category: Procedural
- Doctrine of Approbation and Reprobation
- Outcome: The court held that the doctrine of approbation and reprobation did not preclude the amendment.
- Category: Substantive
8. Remedies Sought
- Declaration that the Claimant and Defendant hold the property as co-trustees
- Order that the Defendant appoint the Claimant as co-trustee
9. Cause of Actions
- Breach of Contract
- Specific Performance
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| UDA v UDB and another | Court of Appeal | Yes | [2018] 1 SLR 1015 | Singapore | Cited for the principle that the Women’s Charter does not confer upon a family justice court the powers of adjudicating the claim of a third party to an alleged matrimonial asset. |
| Wright Norman v Oversea-Chinese Banking Corp Ltd | N/A | Yes | [1993] 3 SLR(R) 640 | Singapore | Cited for the underlying principle on amendments to pleadings. |
| Ng Chee Weng v Lim Jit Ming Bryan and another | Court of Appeal | Yes | [2012] 1 SLR 457 | Singapore | Cited for the rationale of the principle in Wright Norman. |
| Wang Piao v Lee Wee Ching | High Court | Yes | [2023] SGHC 216 | Singapore | Cited for the three-step analytical framework to approach applications for amendments to pleadings. |
| EA Apartments Pte Ltd v Tan Bek and others | High Court | Yes | [2017] 3 SLR 559 | Singapore | Cited for the principle that an amendment to pleadings which would itself be liable to be struck out will not be allowed. |
| Iskandar bin Rahmat and others v Attorney-General and another | Court of Appeal | Yes | [2022] 2 SLR 1018 | Singapore | Cited for the tests applicable to each of the limbs under Order 9 rule 16(1) of the Rules of Court 2021. |
| BWG v BWF | N/A | Yes | [2020] 1 SLR 1296 | Singapore | Cited for the application of the doctrine of approbation and reprobation. |
| Goldbell Engineering Pte Ltd v Etiqa Insurance Pte Ltd (Range Construction Pte Ltd, third party) and another matter | N/A | Yes | [2024] 3 SLR 544 | Singapore | Cited for the application of the doctrine of approbation and reprobation. |
| Recovery Vehicle 1 Pte Ltd v Industries Chimiques Du Senegal and another appeal and another matter | Court of Appeal | Yes | [2021] 1 SLR 342 | Singapore | Cited as an example of a case where the doctrine of approbation and reprobation was considered. |
| Kroll, Daniel v Cyberdyne Tech Exchange Pte Ltd and others | High Court | Yes | [2023] SGHCR 11 | Singapore | Cited as an example of a case where the doctrine of approbation and reprobation was considered. |
| Chandra Winata Lie v Citibank NA | High Court | Yes | [2015] 1 SLR 875 | Singapore | Cited for the principle of abuse of process. |
| Gabriel Peter & Partners (suing as a firm) v Wee Chong Jin and others | N/A | Yes | [1997] 3 SLR(R) 649 | Singapore | Cited for the definition of abuse of process. |
| Lipkin International Ltd v Swiber Holdings Ltd and another | N/A | Yes | [2015] 5 SLR 962 | Singapore | Cited for the principle that it is an abuse of process for a plaintiff to pursue a claim based on an oral charterparty where it had admitted in its pleadings to be unsure of the most salient terms of that agreement. |
| Lee Chee Wei v Tan Hor Peow Victor and others and another appeal | N/A | Yes | [2007] 3 SLR(R) 537 | Singapore | Cited for the factors affecting the court’s discretion in granting specific performance. |
| The “Bunga Melati 5” | N/A | Yes | [2012] 4 SLR 546 | Singapore | Cited for the test of whether a pleaded claim is legally unsustainable. |
| Karaha Bodas Co LLC v Pertamina Energy Trading Ltd and another appeal | N/A | Yes | [2006] 1 SLR(R) 112 | Singapore | Cited for the requirement that any person whose interests might be affected by the declaration should be before the court before the court grants declaratory relief. |
| Ng Foong Yin v Koh Thong Sam | N/A | Yes | [2013] 3 SLR 455 | Singapore | Cited for the principle that the beneficiaries of an estate or trust have an interest in the estate or trust property. |
| Chan Yuen Lan v See Fong Mun | N/A | Yes | [2014] 3 SLR 1048 | Singapore | Cited for the presumption of resulting trust in respect of the LK Property would have arisen in the Claimant’s favour by virtue of his contributions to the purchase price of the LK Property. |
| Chong Poh Siew v Chong Poh Heng | N/A | Yes | [1994] 3 SLR(R) 188 | Singapore | Cited for the principle on inconsistent alternative pleadings. |
| Gay Choon Ing v Loh Sze Ti Terence Peter and another appeal | N/A | Yes | [2009] 2 SLR(R) 332 | Singapore | Cited for the definition of valid consideration. |
| Ong Wui Teck (personal representative of the estate of Chew Chen Chin, deceased) v Ong Wui Soon and another and another appeal | Singapore Court of Appeal | Yes | [2019] SGCA 61 | Singapore | Cited for the necessary element for a binding and enforceable agreement to arise. |
13. Applicable Rules
| Rule Name |
|---|
| Order 9 rule 16(1) of the Rules of Court 2021 |
| Order 9 rule 14(1) of the Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court 2021 | Singapore |
| Trustees Act 1967 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Statement of Claim
- Amendment
- Approbation and Reprobation
- Abuse of Process
- Trust
- Co-trustee
- Oral Agreement
- Beneficial Interest
- Matrimonial Assets
- Specific Performance
15.2 Keywords
- amendment of pleadings
- approbation and reprobation
- abuse of process
- trust
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Amendment of Pleadings | 80 |
| Civil Procedure | 75 |
| Approbation and Reprobation | 60 |
| Breach of Contract | 50 |
| Trust Law | 40 |
| Family Law | 30 |
16. Subjects
- Civil Procedure
- Trust Law
- Family Law