LIM OON KUIN & 2 Ors v Rajah & Tann Singapore LLP

Case Significance

Lim Oon Kuin and others v Rajah & Tann Singapore LLP and other appeals [2024] SGCA 54 was decided by the Court of Appeal on 25 November 2024, comprising Sundaresh Menon CJ, Tay Yong Kwang JCA and Judith Prakash SJ, with Tay Yong Kwang JCA delivering the grounds of decision after hearings on 31 July and 13 September 2024. Civil Appeal Nos 12, 13, 14 and 15 of 2024 formed part of a long-running action by the appellants Lim Oon Kuin, Lim Chee Meng and Lim Huey Ching against their former solicitors, the respondent Rajah & Tann Singapore LLP, to prevent them from acting for two companies in which the appellants were key management personnel.

The appellants appealed against the High Court Judge's decision dismissing their applications to amend HC/OS 666/2020 and HC/OS 704/2020 as an abuse of process, and allowing the respondent's applications to strike out the two Originating Summonses. The appeals raised the novel issue of whether and how the rule in Henderson v Henderson (1843) 3 Hare 100 applied, alongside Civil Procedure issues on amendments and striking out and the extended doctrine of res judicata. The appellants' counsel included Suresh s/o Damodara, Christopher Anand s/o Daniel and others from Advocatus Law LLP and Damodara Ong LLC, while the respondent was represented by Lok Vi Ming and others of LVM Law Chambers LLC.