DCA v DCB

[2024] SGHC 154 High Court (General Division) 14 June 2024 • HC/OC 94/2022 • 29 min read
1 cases cited

Catchwords

Practice Areas

Judges (1)

Counsel (6)

Parties (2)

Case Significance

DCA v DCB [2024] SGHC 154 was a judgment of the General Division of the High Court of Singapore delivered by Choo Han Teck J on 14 June 2024, in Originating Claim No 94 of 2022, following hearings on 6, 7 and 28 May 2024. The case concerned a claim in the tort of negligence relating to the duty of care owed by the defendant, a law firm. According to the background set out in the judgment, in August 2013 Mdm X, then aged 89, instructed the defendant law firm to draft her will and attend to other matters relating to her estate. Mdm X had four children: Ms A (born 1951), Ms B (born 1954), Mr C (born 1958) and Ms D, the claimant, born 1966. At that time Mdm X and the claimant were living in Toronto, Canada, having emigrated with Mdm X's husband around 1987. A letter of engagement was signed by Mdm X on or around 15 August 2013, witnessed by Ms Y, Mdm X's best friend, who was then aged 82 and who presently lacks mental capacity. The solicitor on record for Mdm X was Ms S, an advocate and solicitor of 23 years' standing and a partner with the defendant. The claimant was represented by Titanium Law Chambers LLC and the defendant by Rev Law LLC.

Summary

In this action in the General Division of the High Court, the claimant (a daughter of Mdm X) sued the defendant law firm, alleging negligence in the manner it advised on the affairs of Mdm X, then aged 89, who in 2013 had instructed the firm to draft her will and a deed of gift of S$2.5 million to the claimant. The central issue concerned the duty of care in tort and whether the firm had been negligent, including allegations of unreasonable delay relating to a psychiatric assessment. The court held that the defendant had acted reasonably and was not negligent, dismissed the claim, and fixed costs of the action at $100,000 with reasonable disbursements payable to the defendant.

What was DCA v DCB [2024] SGHC 154 about?

DCA v DCB [2024] SGHC 154 was a tort of negligence claim in the General Division of the High Court of Singapore concerning the duty of care owed by the defendant law firm, instructed by Mdm X in August 2013 to draft her will. Choo Han Teck J decided it on 14 June 2024.

Who decided DCA v DCB [2024] SGHC 154?

Choo Han Teck J of the General Division of the High Court of Singapore decided DCA v DCB [2024] SGHC 154 in Originating Claim No 94 of 2022. The judgment was delivered on 14 June 2024 after hearings on 6, 7 and 28 May 2024.

Cases Cited (1)

SLR (1)
[2014] 3 SLR 761

Referenced in

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 154)