Foo Jee Boo and another v Foo Jhee Tuang and another (Foo Jee Seng, intervener)

Foo Jee Boo and another v Foo Jhee Tuang and another (Foo Jee Seng, intervener)

The court held the plaintiffs lacked standing to bring the proposed claims in their personal capacities concerning the Late Mother's estate because it was not impossible or seriously inconvenient for the proper representatives to bring the claims; representative capacities must be clearly pleaded and absent special circumstances a beneficiary or creditor cannot litigate to preserve an unadministered estate's assets; accordingly the court did not err in excluding paragraphs [42]–[44], [49]–[50] and prayer 4(b) of the Draft Statement of Claim.

Citation
[2015] SGHC 176
Parties
1st Plaintiff: Foo Jee Boo; 2nd Plaintiff: Foo Li Li; 1st Defendant: Foo Jhee Tuang; 2nd Defendant: TJH Law Corporation; Intervener: Foo Jee Seng
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
9 July 2015
Case Number
Suit No 764 of 2013 (Registrar's Appeals Nos 396 and 397 of 2015, Summons Nos 786 and 787 of 2015)
Procedural Posture
High Court Civil Suit (suit No 764 of 2013) / Interlocutory Applications: Application to Amend Statement of Claim and Leave to Appeal/further Arguments on Excluded Pleadings
Outcome
Plaintiffs' applications for further arguments and leave to appeal dismissed; the court affirmed exclusion of specified paragraphs from the draft statement of claim
Legal Topics
Representative Capacity, Locus Standi/standing of Beneficiaries and Creditors, Joinder of Causes of Action, Amendment of Pleadings, Executors' Duties
Source Language
English
Civil Procedure Probate and Administration Trusts and Trustees Professional Negligence (solicitor) Representative Capacity Locus Standi/standing of Beneficiaries and Creditors Joinder of Causes of Action Amendment of Pleadings +1 more

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Parties

Foo Jee Boo

1st Plaintiff

Foo Li Li

2nd Plaintiff

Foo Jhee Tuang

1st Defendant

TJH Law Corporation

2nd Defendant

Foo Jee Seng

Intervener

Procedural Posture

High Court Civil Suit (suit No 764 of 2013) / Interlocutory Applications: Application to Amend Statement of Claim and Leave to Appeal/further Arguments on Excluded Pleadings

Legal Issues

  1. 1 Whether plaintiffs have standing to bring claims in their personal capacities to preserve assets of an unadministered estate
  2. 2 Whether representative capacities were properly pleaded and effect of omission on writ
  3. 3 Whether causes of action relating to a different estate may be joined in the present suit

Ratio Decidendi

The court held the plaintiffs lacked standing to bring the proposed claims in their personal capacities concerning the Late Mother's estate because it was not impossible or seriously inconvenient for the proper representatives to bring the claims; representative capacities must be clearly pleaded and absent special circumstances a beneficiary or creditor cannot litigate to preserve an unadministered estate's assets; accordingly the court did not err in excluding paragraphs [42]–[44], [49]–[50] and prayer 4(b) of the Draft Statement of Claim.

Court Disposition

Plaintiffs' applications for further arguments and leave to appeal dismissed; the court affirmed exclusion of specified paragraphs from the draft statement of claim

Orders

  • Leave to appeal summonses SUM 786/2015 and SUM 787/2015 dismissed
  • Paragraphs [42]–[44], [49]–[50] and prayer 4(b) of the Draft Statement of Claim remain excluded from pleadings