TAN KIAN CHYE v ANG SIEW YAN & 2 Ors

Case Significance

Tan Kian Chye v Ang Siew Yan and others [2024] SGHCR 5 was a Grounds of Decision issued by the General Division of the High Court of Singapore on 5 April 2024, in Originating Claim No 568 of 2023 (Summons No 450 of 2024), with Assistant Registrar Perry Peh deciding the matter following hearings on 15 and 26 March 2024. The application, Summons No 450 of 2024, was brought by the claimant, Tan Kian Chye, to amend his Statement of Claim, and was resisted by the first defendant, Ang Siew Yan. The second and third defendants were Ang Boon Chong and Tan Sing Haiang @ Chen Chin Sien. The first defendant's principal contention was that the claimant should not be allowed to amend the Statement of Claim to pursue claims premised on positions seemingly inconsistent with positions he had taken earlier in proceedings concerning the division of matrimonial property in the Family Justice Courts, and in a previous application, Summons No 2927 of 2023. On that basis she argued the amended claim was precluded by the doctrine of approbation and reprobation and/or was an abuse of process liable to be struck out under O 9 r 16(1)(b) of the Rules of Court 2021. The Assistant Registrar accepted that the amended claims were premised on positions inconsistent with those previously taken, but noted that the claimant's previous and current positions had been taken in respect of different matters. The claimant was represented by Harry Elias Partnership and the defendant by Dentons Rodyk & Davidson LLP, with the judgment referencing the Trustees Act.