CHENG HOE SOON v EZEKIEL PETER LATIMER formerly practicing in the style of M/S PETER EZEKIEL & CO

[2023] SGHC 53 High Court (General Division) 3 March 2023 HC/S 654/2019 ( HC/RA 334/2022 )

6 cases cited

Outcome

Appeal allowed

“I allow the appeal.”

Source: [2023] SGHC 53, High Court (General Division), decided 3 March 2023. Read directly from the judgment.

Key facts

Court	High Court (General Division)
Decided	3 March 2023
Judge	Tan Siong Thye
Charges / claim	Civil Procedure, Tort
Outcome	Appeal allowed
Counsel	H C Law Practice, Titanium Law Chambers LLC, Christine Chiam, Foo Ho Chew, Wee Anthony

Source: [2023] SGHC 53, High Court (General Division), decided 3 March 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Civil Procedure — Striking out Tort — Negligence — Professional negligence Civil Procedure — Costs — Personal liability of solicitor for costs

Practice Areas

Civil Procedure Tort

Judges (1)

Tan Siong Thye Delivered

Counsel (5)

H C Law Practice Firm Titanium Law Chambers LLC Firm Christine Chiam Counsel for the respondent Foo Ho Chew Counsel for the appellant Wee Anthony Counsel for the respondent

Parties (2)

Cheng Hoe Soon Appellant

Ezekiel Peter Latimer (formerly practicing in the style of M/S Peter Ezekiel & Co) Respondent

Case Significance

Cheng Hoe Soon v Ezekiel Peter Latimer (formerly practicing in the style of M/S Peter Ezekiel & Co) [2023] SGHC 53 was decided by Tan Siong Thye J in the General Division of the High Court on 3 March 2023, on a Registrar's Appeal (No 334 of 2022) in Suit No 654 of 2019. The plaintiff Cheng Hoe Soon appealed to reverse an Assistant Registrar's order striking out his Statement of Claim under an "unless order", which had barred his professional negligence claim against his former solicitor, the defendant Ezekiel Peter Latimer. The underlying suit alleged the defendant negligently handled an earlier District Court action for road-traffic-accident damages, commenced between 2010 and 2015, which was itself struck out; the plaintiff had engaged S K Kumar Law Practice LLP to bring Suit 654. The appeal concerned striking out, professional negligence and a solicitor's personal liability for costs.

Summary

Cheng Hoe Soon appealed against an Assistant Registrar's order that struck out his statement of claim in a professional negligence suit against his former solicitor, Ezekiel Peter Latimer, after an 'unless order' arising from his new solicitors' repeated failures to attend pre-trial conferences. The court found the striking-out disproportionate given that the plaintiff was not at fault and the defendant had suffered no irremediable prejudice. The appeal was allowed, with the past and present solicitors to bear the costs.

What was the issue in Cheng Hoe Soon v Ezekiel Peter Latimer [2023] SGHC 53?

The Registrar's Appeal (No 334 of 2022) sought to reverse the Assistant Registrar's order striking out Cheng Hoe Soon's Statement of Claim in Suit No 654 of 2019 under an "unless order", which had blocked his professional negligence claim against his former solicitor Ezekiel Peter Latimer.

What was the underlying dispute in Cheng Hoe Soon v Ezekiel Peter Latimer ([2023] SGHC 53)?

The plaintiff alleged the defendant solicitor negligently handled an earlier District Court suit for road-traffic-accident damages, commenced between 2010 and 2015, which was struck out. The plaintiff then engaged S K Kumar Law Practice LLP to bring Suit 654 for that negligence.