EUGENE PHOA v OEY LIANG HO & 7 Ors

[2024] SGHC 16 High Court (General Division) 23 January 2024 • HC/S 1130/2020 ( HC/SUM 2544/2023,HC/SUM 2545/2023,HC/SUM 2546/2023 ) • 52 min read

21 cases cited (13 SG, 8 foreign) Cited by 1 case

Catchwords

Civil Procedure — Parties — Standing Probate and Administration — Personal representatives Civil Procedure — Trial — Adducing fresh evidence after trial

Practice Areas

Civil Procedure Probate and Administration

Judges (1)

Goh Yihan Delivered

Counsel (11)

LVM Law Chambers LLC Firm Salem Ibrahim LLC Firm Chan Junhao Justin Counsel Defendant Dyason Isabel Mary Counsel Defendant Hoon Wei Yang Benedict Counsel Plaintiff Kimberly Ng Qi Yuet Counsel Plaintiff Lee Sien Liang Joseph Counsel Defendant Ling Ying Hong Samuel Counsel Defendant Ow Jiang Meng Benjamin Counsel Defendant Raeza Khaled Salem Ibrahim Counsel Plaintiff Yong Walter Counsel Defendant

Parties (9)

Angeline Teh @ Angeline Phoa Defendant Eugene Phoa Plaintiff John Phoa Defendant Joshua Huang Thien En Defendant Oey Liang Gie @ Jimmy Kasenda Defendant Oey Liang Ho @ Henry Kasenda Defendant Ridwan Kasenda @ Oey Liang Ley @ Oei Liang Ley Defendant Salman Kasenda @ Oey Liang Hien @ Oei Liang Hien Defendant Wellington Phoa Defendant

Case Significance

Eugene Phoa (personal representative of the estates of Evelyn Phoa and William Phoa, deceased) v Oey Liang Ho (alias Henry Kasenda) and others [2024] SGHC 16 was decided by Goh Yihan J in the General Division of the High Court on 23 January 2024, with judgment reserved, in Suit No 1130 of 2020 (Summonses Nos 2544, 2545 and 2546 of 2023). The plaintiff, Mr Eugene Phoa, brought three applications after the trial and after the parties had filed closing and reply submissions, including HC/SUM 2544/2023 to adduce further evidence. The catchwords cover Civil Procedure — adducing fresh evidence after trial and parties' standing, and Probate and Administration — personal representatives.

The suit involved eight defendants, including Oey Liang Ho (alias Henry Kasenda) as sole executor of the estate of Wirio Kasenda (alias Oey Giok Tjeng), deceased, along with other members of the Kasenda and Phoa families and John Phoa as personal representative of the estate of Benjamin Phoa, deceased. Salem Ibrahim LLC acted for the plaintiff and LVM Law Chambers LLC for the defendants.

Summary

Mr Eugene Phoa, suing as personal representative of two deceased estates in a suit concerning the beneficial interests of Mdm Evelyn Phoa in the shareholding of Supratechnic Pte Ltd against the Kasenda family and others, brought three post-trial applications in the General Division of the High Court: to adduce further evidence after trial, to be appointed to represent Evelyn's estate if he was found to lack representative capacity, and to amend the title in the action. The issues concerned adducing fresh evidence after trial, standing, and personal representatives. The court dismissed all three applications, with costs to be submitted on together with the costs of the entire action.

What applications were before the court in Eugene Phoa v Oey Liang Ho [2024] SGHC 16?

In [2024] SGHC 16 the plaintiff Mr Eugene Phoa brought three applications after trial and after closing submissions in Suit No 1130 of 2020, including HC/SUM 2544/2023 to adduce further evidence, raising questions of standing and personal representatives.

Who delivered the decision in [2024] SGHC 16?

Goh Yihan J delivered the reserved judgment in [2024] SGHC 16 on 23 January 2024 in the General Division of the High Court, in a probate and estates dispute brought by Mr Eugene Phoa against eight defendants over family estates.

Statutes Cited

Colonial Probates Act

s 2

Probate and Legacy Duties Act

s 42

Probates and Letters of Administration Act

s 99A

Senior Courts Act Cases on this Act →

s 109

Cases Cited (21)

SG (2)

[2023] SGHC 216 [2023] SGHCR 10

SLR (11)

[1992] 1 SLR(R) 362 [1995] 3 SLR(R) 822 [1996] 3 SLR(R) 27 [1998] 3 SLR(R) 833 [1999] 2 SLR(R) 380 [2003] 3 SLR(R) 666 [2004] 2 SLR(R) 361 [2017] 4 SLR 1018 [2019] 1 SLR 499 [2019] 2 SLR 341 [2022] 2 SLR 253

UK (6)

[1954] 1 WLR 1445 [1954] 1 WLR 1489 [1954] 3 All ER 556 [1987] AC 730 [1997] 3 WLR 683 [2023] 2 WLR 1017

MY (2)

[1941] MLJ 28 [2016] 4 MLJ 1

Cited By (1)

[2024] SGHC 22

EUGENE PHOA v OEY LIANG HO & 7 Ors

Referenced in

Statutes interpreted in this judgment

Senior Courts Act

Legal concepts & references

Civil Procedure — Parties

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 16)